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WOODARD v. SAGE PRODUCTS, INC.

Appeal No. 87-1016.

818 F.2d 841 (1987)

Elizabeth Nye WOODARD, Miles Cogley Nye, Jr., and the Kendall Company, Appellants, v. SAGE PRODUCTS, INC., Appellee.

United States Court of Appeals, Federal Circuit.

May 4, 1987.

Attorney(s) appearing for the Case

Melvin F. Jager, Willian, Brinks, Olds, Hofer, Gilson & Lione, Chicago, Ill., argued, for appellee. Gerson E. Meyers, Dressler, Goldsmith, Shore, Sutke & Milnamow, Ltd., Chicago, Ill., of counsel and Richard A. Kaplan, Willian, Brinks, Olds, Hofer, Gilson & Lione, Chicago, Ill., of counsel.

Jack C. Goldstein, Arnold, White & Durkee, Houston, Tex., argued, for appellants. John D. Norris and Patricia N. Brantley, Arnold, White & Durkee, Houston, Tex., of counsel.

Before MARKEY, Chief Judge, FRIEDMAN, RICH, DAVIS, SMITH, NIES, NEWMAN, BISSELL, and ARCHER, Circuit Judges.

NIES, Circuit Judge.

This appeal raises the legal issue of whether the order of a federal district court granting summary judgment of non-infringement in favor of one of several defendants in a pending patent infringement suit is immediately appealable. The order is not a final judgment from which appeal may be taken under 28 U.S.C. §§ 1291 or 1295(a)(1) (1982), and the district court neither certified the issue under 28 U.S.C. § 1292(b) (Supp. III...

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