Saturday, March 05, 2011

No appeal for Ivan Mendez; no cite checking at the CAFC?

Ever wonder what the scope of appellate jurisdiction is for the CAFC? See the Mendez case.

Of appeals in patent cases, note the Sorensen case including:

Sorenson [sic: Sorensen] argues that the issue whether the stay was proper would become moot ... Of course, this may be true of a variety of nonfinal orders that parties would try to appeal but that does not create jurisdiction to review nonfinal orders.

Also, on a stay of a damages hearing pending appeal to the CAFC, see Furminator v. Kim Laube. In re Calmar, 854 F.2d 461 is cited.

Separately, Google did NOT get a transfer out of ED Texas in the decision In re Google. Eolas is the plaintiff here. The CAFC cited General Electric v. Joiner, 522 US 136 (1975). Those into evidence cases are aware that GE v. Joiner was decided in 1997, not 1975! No cite checking by the clerks at the CAFC! Separately, the CAFC cited In re Volkswagen, 545 F.3d 304.


Private prosecutions clause in U.S. patent marking statute found unconstitutional


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