Joseph P. Ruth v. Utah Construction & Mining Co.

This appeal, presented by Joseph P. Ruth pro se, seeks to set aside an order of the District Court for the District of Colorado dismissing with prejudice a complaint filed by Ruth wherein he sought damages for an alleged infringement of a patent by appellee-defendant. The order of dismissal was premised upon a stipulation which provided:

“That the Plaintiff herein hereby stipulates that in the event that the finding of invalidity of the patent in suit in Civil Action No. 6679 is affirmed upon exhaustion of Plaintiff’s rights of appeal, then this matter, Civil Action No. 7669, will be…