United States Federal Circuit

In a case involving a patent for a type of smoke detector, grant of plaintiff's motion for voluntary dismissal without prejudice is affirmed where: 1) although the district court erred as a matter of law in dismissing defendant's counterclaims over its objection and in ruling on a motion for voluntary dismissal without first determining whether it had subject matter jurisdiction, the errors were harmless; and 2) there was no abuse of discretion in the grant of dismissal.

Appellate Information

• Decided 03/02/2007
• Published 03/02/2007

Judges

• JORDAN, Circuit Judge., Before GAJARSA, MOORE, and JORDAN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Albert L. Underhill, Merchant & Gould P.C., of Minneapolis, Minnesota, argued for plaintiff-appellee.   With him on the brief was Keith M. Sorge., Maurice U. Cahn, Cahn & Samuels, LLP, of Washington, DC, argued for defendant-appellant.   With him on the brief were Frederick N. Samuels and William E. Bradley.