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ETHICON, INC. v. QUIGG

Appeal No. 88-1202.

849 F.2d 1422 (1988)

ETHICON, INC., Plaintiff-Appellant, v. Donald J. QUIGG, Commissioner of Patents & Trademarks and the United States Patent & Trademark Office, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

June 15, 1988.

Attorney(s) appearing for the Case

David E. Schmit, of Frost & Jacobs, Cincinnati, Ohio, argued, for plaintiff-appellant. With him on the brief, was Ronald J. Snyder.

John C. Martin, Associate Sol., Arlington, Va., argued, for defendants-appellees. With him on the brief, was Fred E. McKelvey, Sol.

Before RICH, NIES, and MAYER, Circuit Judges.

OPINION

MAYER, Circuit Judge.

Ethicon, Inc. appeals from a grant of summary judgment by the United States District Court for the Eastern District of Virginia, 5 USPQ2d 1138 (1987), holding that the Commissioner of Patents and Trademarks has the authority to stay a patent reexamination proceeding pending the outcome of a case in another district court involving allegations that the same patent is invalid. We reverse.

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