United States Federal Circuit

In a patent and contract-related dispute between manufacturers and sellers of agricultural equipment, summary judgment for plaintiff on defendant's claim for wrongful termination of dealership and denial of defendant's motion for attorney's fees and expenses, are affirmed in part and vacated in part where the district court: 1) properly entertained defendant's claim for attorney's fees and did not err in denying attorney's fees; and 2) lacked jurisdiction over defendant's wrongful termination of dealership claim.

Appellate Information

• Decided 11/21/2006
• Published 11/21/2006

Judges

• LINN, Circuit Judge., Before SCHALL, LINN, and DYK Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Stephen J. Holtman, Simmons, Perrine, Albright & Ellwood, PLC, of Cedar Rapids, Iowa, argued for plaintiff-cross appellant.   With him on the brief was David A. Hacker., W. Michael Garner, Dady & Garner, P.A., of Minneapolis, Minnesota, for amici curiae.


• For Appellees:
  
• David A. Tank, Davis, Brown, Koehn, Shors & Roberts, P.C., of Des Moines, Iowa, argued for defendants-appellants.   With him on the brief was Deborah M. Tharnish.