Legal Opinion

Elizabeth Nye Woodard, Miles Cogley Nye, Jr., and the Kendall Company v. Sage Products, Inc.

Court of Appeals for the Federal Circuit

Decided May 4, 1987No. Appeal 87-1016PublishedCited by 81 opinions

1Opinion of the Court

NIES, Circuit Judge.

This appeal raises the legal issue of whether the order of a federal district court granting summary judgment of non-infringement in favor of one of several defendants in a pending patent infringement suit is immediately appealable. The order is not a final judgment from which appeal may be taken under 28 U.S.C. §§ 1291 or 1295(a)(1) (1982), and the district court neither certified the issue under 28 U.S.C. § 1292(b) (Supp. Ill 1985) nor entered a separate final judgment under Fed. R.Civ.P. 54(b). Appellants argue, however, that this court has appellate jurisdiction under…

Also in this document: Concurrence.

2Cases cited43 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Firestone Tire & Rubber Co. v. RisjordSupreme Court of the United States · 1981
  3. Carson v. American Brands, Inc.Supreme Court of the United States · 1981
  4. DiBella v. United StatesSupreme Court of the United States · 1962
  5. United States v. RyanSupreme Court of the United States · 1971

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3Cited by81 opinions

  1. Cross Medical Products, Inc. v. Medtronic Sofamor Danek, Inc.Court of Appeals for the Federal Circuit · 2005
  2. Jimmie L. Livingston v. Edward J. Derwinski, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1992
  3. Special Devices, Inc. v. Oea, Inc.Court of Appeals for the Federal Circuit · 2001
  4. View Engineering, Inc. v. Robotic Vision Systems, Inc., and Morrison Law FirmCourt of Appeals for the Federal Circuit · 1997
  5. Biodex Corporation v. Loredan Biomedical, Inc.Court of Appeals for the Federal Circuit · 1991

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