Legal Opinion
Novamedix, Limited v. Ndm Acquisition Corporation and Vesta Healthcare, Inc.
Court of Appeals for the Federal Circuit
Decided January 28, 1999No. 97-1507PublishedCited by 29 opinions
1Opinion of the Court
EDWARD S. SMITH, Senior Circuit Judge.
Novamedix Limited (“Novamedix”) appeals the March 20, 1997 order of the District Court for the Southern District of Ohio, overruling a motion by Novamedix to enforce a consent judgment entered in a patent infringement suit brought by Novamedix against NDM. We hold that the settlement agreement incorporated into the consent decree is not a contract for the sale of goods and therefore the implied warranties of fitness and merchantability of UCC §§ 2-314 and 2-315 do not apply. Accordingly, we affirm the decision of the District Court.
Background,
NDM…
2Cases cited24 opinions
- United States v. ITT Continental Baking Co.Supreme Court of the United States · 1975
- United States v. Armour & Co.Supreme Court of the United States · 1971
- Ross-Simons of Warwick, Inc. v. Baccarat, Inc.Court of Appeals for the First Circuit · 1996
- Painewebber Incorporated v. Michael J. Bybyk and Joyce O. BybykCourt of Appeals for the Second Circuit · 1996
- Sutton v. East River Savings BankNew York Court of Appeals · 1982
19 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Dr. Raymond G. TRONZO, Plaintiff-Appellant, v. BIOMET, INC., Defendant-AppelleeCourt of Appeals for the Federal Circuit · 2001
- Stewart Lamle v. Mattel, Inc.Court of Appeals for the Federal Circuit · 2005
- Allapattah Services, Inc. v. Exxon Corp.District Court, S.D. Florida · 1999
- Sanofi-Aventis v. Apotex Inc.Court of Appeals for the Federal Circuit · 2011
- Lithuanian Commerce Corp. v. Sara Lee HosieryDistrict Court, D. New Jersey · 2002
24 more not listed; retrieve them via the Exa API.