Fort James Corp. v. Solo Cup Co., 04-1365
In a patent dispute, dismissal of defendant's counterclaim is reversed where the district court erred in concluding that a post-trial covenant not to sue filed by plaintiff divested it of jurisdiction to hear the counterclaim.
- Decided 06/22/2005
- Published 06/22/2005
Before RADER, SCHALL, and GAJARSA, Circuit Judges.
United States Federal Circuit
Russell E. Levine, Kirkland & Ellis LLP, of Chicago, Illinois, argued for plaintiff-appellee. With him on the brief was Christopher R. Liro., Bradley F. Rademaker, Wallenstein Wagner & Rockey, Ltd., of Chicago, Illinois, argued for defendant-appellant. With him on the brief were Linda A. Kuczma and Jeffrey R. Gargano.