Elizabeth Nye Woodard, Miles Cogley Nye, Jr., and the Kendall Company v. Sage Products, Inc.
Court of Appeals for the Federal Circuit
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
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Firestone Tire & Rubber Co. v. RisjordSupreme Court of the United States · 1981
- Carson v. American Brands, Inc.Supreme Court of the United States · 1981
- DiBella v. United StatesSupreme Court of the United States · 1962
- United States v. RyanSupreme Court of the United States · 1971
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3Cited by81 opinions
- Cross Medical Products, Inc. v. Medtronic Sofamor Danek, Inc.Court of Appeals for the Federal Circuit · 2005
- Jimmie L. Livingston v. Edward J. Derwinski, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1992
- Special Devices, Inc. v. Oea, Inc.Court of Appeals for the Federal Circuit · 2001
- View Engineering, Inc. v. Robotic Vision Systems, Inc., and Morrison Law FirmCourt of Appeals for the Federal Circuit · 1997
- Biodex Corporation v. Loredan Biomedical, Inc.Court of Appeals for the Federal Circuit · 1991
76 more not listed; retrieve them via the Exa API.