· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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