Human Biostar, Inc. v. Celltex Therapeutics Corp.

I concur with the majority’s disposition of this case but respectfully disagree with its analysis in several areas, particularly concerning whether Biostar’s appeal should be analyzed under the requirements for an ordinary or a restricted appeal.1

The Restricted Appeal

As the majority acknowledges, Biostar filed a notice of restricted appeal and thereafter briefed this court based on the requirements applicable to restricted appeals. Biostar did not file a notice for, or otherwise pursue, an ordinary appeal. Nonetheless, the majority construes and analyzes Biostar’s appeal as an ordinary appeal.