United States Eighth Circuit

District court order denying defendant's motion to compel arbitration and stay proceedings involving claims of patent and trade dress infringement is reversed where: 1) the Federal Circuit does not have exclusive jurisdiction over the appeal as the court's order was neither final nor injunctive, and the present court has jurisdiction pursuant to 9 U.S.C. sec. 16(a)(1); and 2) the court erred in denying the motion as the dispute fell within the broad language of one of the arbitration provisions of the parties' agreement.

Appellate Information

• Decided 08/06/2009
• Published 08/06/2009

Judges

• SHEPHERD, Circuit Judge., Before RILEY, BENTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Laurence D. Graham, argued, Douglas A. Grady, on the brief, Seattle, WA, for appellant.


• For Appellees:
  
• Carl John Geraci, argued, David B.B. Helfrey and Paul M. Denk, on the brief, St. Louis, MO, for appellee.