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.)
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