Nystrom v. TREX, Inc.
United States Court of Appeals for the Federal Circuit
339 F.3d 1347 (2003)
- Written by Sean Carroll, JD
Facts
Ron Nystrom (plaintiff) filed 20 claims of patent infringement against TREX, Inc. (TREX) (defendant). TREX filed a counterclaim seeking declaratory judgments of non-infringement, invalidity and unenforceability. After a claim construction, TREX moved for summary judgment. The United States District Court for the Eastern District of Virginia entered a judgment of non-infringement of all Nystrom’s claims; it also granted TREX’s motion for summary judgment of invalidity of claims 18-20. However, the United States District Court for the Eastern District of Virginia stayed TREX’s counterclaim for the invalidity of claims 1-17, pending appeal. Nystrom then appealed the summary judgment for non-infringement on all of his claims and the summary judgment for the invalidity of claims 18-20. The United States District Court for the Eastern District of Virginia ruled that because TREX’s counterclaim for invalidity on claims 1-17 was still pending, its judgment on the case was not final and therefore a court of appeals did not have jurisdiction to hear the appeal. Nystrom appealed that ruling.
Rule of Law
Issue
Holding and Reasoning (Linn, J.)
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