United States Federal Circuit

Defendant's invalidity and unenforceability counterclaim as to various claims of a patent remains pending at the district court and the judgment appealed is not final within the meaning of 28 U.S.C. section 1295(a)(1), thus the counterclaim is dismissed for lack of jurisdiction.

Appellate Information

• Decided 08/08/2003
• Published 08/08/2003

Judges

• Before MAYER,GAJARSA, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Joseph S. Presta, Nixon & Vanderhye, P.C., of Arlington, Virginia, argued for plaintiff-appellant.


• For Appellees:
  
• Patrick J. Coyne, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P, of Washington, DC, argued for defendants-appellees.   With him on the brief was Troy E. Grabow.