United States Federal Circuit

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.

Appellate Information

• Decided 06/22/2005
• Published 06/22/2005

Judges

• Before RADER, SCHALL, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• 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.