KLEINFELD, Circuit Judge.
The issue in this appeal is whether an order for a new trial is reviewable, if the party who prevailed at the first trial has his claims dismissed for failure to prosecute in the second.
FACTS
Kaempen invented and patented technology for fiberglass pipes useful in the oil industry. In March 1982, Al-Torki and Kaempen entered into a contract granting Al-Torki an exclusive license...
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