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· 8/8/2003

Ron Nystrom v. Trex Company, Inc. And Trex Company, LLC

Citations

  • 339 F.3d 1347
  • 67 U.S.P.Q. 2d (BNA) 1858
  • 2003 U.S. App. LEXIS 16317
  • 2003 WL 21877758

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • observing that a district court could have dismissed an invalidity counterclaim “without prejudice (either with or without a finding that the counterclaim was moot) following the grant of summary judgment of non-infringement”
  • observing that “a district court has 19 discretion to dismiss a counterclaim alleging that a patent is invalid as moot where it finds no infringement” (citing Phonometrics, Inc. v. N. Telecom Inc., 133 F.3d 20 1459, 1468 (Fed. Cir. 1998
  • observing that “a district court 14 has discretion to dismiss a counterclaim alleging that a patent is invalid as moot where it 15 finds no infringement” (citing Phonometrics, Inc. v. N. Telecom Inc., 133 F.3d 1459, 16 1468 (Fed. Cir. 1998
  • “[A] judgment that does not dispose of pending counterclaims is not a final judgment.” (citation omitted)
  • “[A] judgment that does not dispose of pending counterclaims is not a final judgment.” (citation omitted)
  • “If a case is not fully adjudicated as to all claims for all parties . . . there is no ‘final decision’ under 28 U.S.C. § 1295(a)(1) and therefore no jurisdiction.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Mayer, Gajarsa, Linn

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.