Wednesday, February 29, 2012

CAFC order in PerkinElmer v. Intema

From the order of 29 Feb. 2012 in PerkinElmer v. Intema :

Appellees may present "all arguments supported by the record and advanced in the trial court in support of the judgment as an appellee, even if those particular arguments were rejected or ignored by the trial court." Bailey v. Dart Container Corp. of Michigan, 292 F.3d 1360 (Fed. Cir. 2002). The appellees presented arguments to the district court with respect to the above-noted issues during summary judgment briefing. Thus, PerkinElmer may present the same arguments here, even if as Intema asserts the district court did not consider the issues in reaching its ultimate determination. However, the relevance and merits of those arguments are left to the discretion of the merits panel.


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