United States Federal Circuit

The district court abused its discretion in denying defendant's FRCP 59 and 60 motion for relief from an order requiring the assignment of certain patents to plaintiff.

Appellate Information

• Decided 09/03/2003
• Published 09/03/2003

Judges

• CLEVENGER, Circuit Judge., Before LOURIE, CLEVENGER, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• David E. Tungate,Eckert Seamans Cherin & Mellott, LLC, of Pittsburgh, PN, argued for plaintiff-appellee and third party defendant-appellee, The University of West Virginia, Board of Trustees and West Virginia University Research Corporation.   With him on the brief were Andrew G. Fusco and Jeffrey A. Ray, of Morgantown, WV., Robert A. Dunn, Dinnin & Dunn, P.C., of Auburn Hills, MI, argued for third party defendant/third party plaintiff-appellant Kurt L. VanVoorhies.   With him on the brief was Michael T. Raggio.   Of counsel on the brief were Kenneth A. Martin, Martin & Associates, of Washington, DC;  and William A. Kolibash, of Philips, Gardill, Kaiser & Altmayer, of Wheeling, WV.