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EMERSON ELEC. CO. v. DAVOIL, INC.

No. 96-1202.

88 F.3d 1051 (1996)

EMERSON ELECTRIC CO., Plaintiff-Appellant, v. DAVOIL, INC. d/b/a Quorum International and The Fan Connection d/b/a Dan's Fan City, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

July 9, 1996.

Attorney(s) appearing for the Case

Daniel A. Boehnen, Banner & Allegretti, Ltd., Chicago, Illinois, argued for plaintiff-appellant. With him on the brief was Laura J. DeMoor.

Kenneth C. Hill, Felsman, Bradley, Gunter & Dillon, L.L.P., of Fort Worth, Texas, argued for defendants-appellees. With him on the brief was Duke W. Yee. Of counsel was Mark D. Perdue.

Before SCHALL, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and BRYSON, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

The question is whether a federal district court in a patent infringement suit may order the patentee to file, in a patent reexamination proceeding in the U.S. Patent and Trademark Office, papers prepared by the alleged infringer in addition to the patentee's own submission. We conclude that the district court does not have that power and therefore we reverse the portion of the district court's order that so requires.

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