Quimbee logo
DMCA.com Protection Status
From our private database of 16,600+ case briefs...

Nystrom v. TREX, Inc.

United States Court of Appeals for the Federal Circuit
339 F.3d 1347 (Fed. Cir. 2003)


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


Holding and Reasoning (Linn, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 434,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,600 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial