SPRAYTEX, INC. v. DJS&T

No. 96-1172.

96 F.3d 1377 (1996)

SPRAYTEX, INC., Plaintiff-Appellee, v. DJS&T and Homax Corporation, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

September 23, 1996.


Attorney(s) appearing for the Case

Richard H. Zaitlen, Loeb & Loeb, LLP, Los Angeles, California, submitted the motion to dismiss appeal for lack of jurisdiction, for plaintiff-appellee. With him on the motion were David L. Lubitz and David Victor.

Paul L. Gardner, Christensen, O'Connor, Johnson & Kindness, PLLC, Seattle, Washington, submitted the appellants' response in opposition to appellee's motion to dismiss appeal for lack of jurisdiction for defendants-appellants.

Before RICH, LOURIE, and CLEVENGER, Circuit Judges.


ORDER

LOURIE, Circuit Judge.

Spraytex, Inc. moves to dismiss DJS&T and Homax Corporation's (Homax) appeal for lack of jurisdiction. Homax opposes.

BACKGROUND

In March 1995, Spraytex filed an action in the United States District Court for the Central District of California seeking a declaratory judgment of noninfringement of Homax's United States Patent 4,310,095 (the '095 patent).1 Homax counterclaimed...

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