Legal Opinion

In Re Convertible Rowing Exerciser Patent Litigation

Court of Appeals for the Federal Circuit

Decided May 14, 1990No. Miscellaneous 268PublishedCited by 74 opinions

1Opinion of the Court

PETITION FOR REHEARING

Before ARCHER, Circuit Judge, BALDWIN and BENNETT, Senior Circuit Judges. ARCHER, Circuit Judge.

ORDER

Ajay Enterprises Corporation, et al. (Ajay) has petitioned for rehearing and suggested in banc consideration 1 of the court’s April 4, 1990 order denying their petition for permission to appeal pursuant to 28 U.S.C. § 1292(b), (c).

Ajay’s petition for rehearing is frivolous. First, as the legislative history of 28 U.S.C. § 1292(b) makes clear:

The granting of the appeal is also discretionary with the court of appeals which may refuse to entertain such an appeal in much the…

2Cases cited4 opinions

  1. Corning Glass Works v. United States International Trade Commission, Sumitomo Electric Industries, Ltd., Sumitomo Electric U.S.A., Inc., IntervenorsCourt of Appeals for the Federal Circuit · 1986
  2. Lannom Manufacturing Company, Inc. v. United States International Trade CommissionCourt of Appeals for the Federal Circuit · 1986
  3. Tandon Corporation v. U.S. International Trade CommissionCourt of Appeals for the Federal Circuit · 1987
  4. Texas Instruments Incorporated v. United States International Trade CommissionCourt of Appeals for the Federal Circuit · 1988

3Cited by74 opinions

  1. Sherman White v. Crispus Nix Rob Glaser John Emmett James Burton Unknown/unnamed Sued as Two Unknown Bci AgentsCourt of Appeals for the Eighth Circuit · 1994
  2. Ron Nystrom v. Trex Company, Inc. And Trex Company, LLCCourt of Appeals for the Federal Circuit · 2003
  3. Ultra-Precision Manufacturing Limited v. Ford Motor CompanyCourt of Appeals for the Federal Circuit · 2003
  4. Ictsi Oregon, Inc. v. IlwuCourt of Appeals for the Ninth Circuit · 2022
  5. Bio-Technology General Corp. v. Genentech, Inc.District Court, S.D. New York · 1995

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