United States Federal Circuit
Allfex USA, Inc. v. Avid Identification Systems, Inc., 11-1621
In patent suit related to Radio Frequency Identification technology where the trial court entered a Stipulated Order of Judgment based on a settlement agreement entered into by the parties that reserved defendant's right to appeal three issues and plaintiff would have to return $50,000 of settlement amount if defendant prevailed on any issue, appeal is dismissed as moot where: 1) there is no jurisdiction over the sanctions issue because there has been no final sanctions order to review; and 2) where, as here, defendant has identified no relationship between the valuation placed on the appeal and the issues the defendant wishes to challenge, the parties have simply placed a "side bet" on the outcome of the appeal, which is not enough to avoid a ruling of mootness.
Appellate Information
- Decided 01/17/2013
- Published 01/17/2013
Judges
- BRYSON
Court
- United States Federal Circuit