UNIVERSITY OF WV, BD. OF TRUSTEES v. VANVOORHIES

No. 02-1533.

342 F.3d 1290 (2003)

University of West Virginia, Board of Trustees, Plaintiff-Appellee, and West Virginia University Research Corporation, Third Party Defendant-Appellee, and James Earl Smith and Integral Concepts, Inc., Third Party Defendants, v. Kurt L. Vanvoorhies, Defendant/Third Party Plaintiff-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: September 3, 2003.


Attorney(s) appearing for the Case

David E. Tungate, Eckert Seamans Cherin & Mellott, LLC, of Pittsburgh, PN, argued for plaintiff-appellee and third party defendant-appellee, The University of West Virginia, Board of Trustees and West Virginia University Research Corporation. With him on the brief were Andrew G. Fusco and Jeffrey A. Ray, of Morgantown, WV.

Robert A. Dunn, Dinnin & Dunn, P.C., of Auburn Hills, MI, argued for third party defendant/third party plaintiff-appellant Kurt L. VanVoorhies. With him on the brief was Michael T. Raggio. Of counsel on the brief were Kenneth A. Martin, Martin & Associates, of Washington, DC; and William A. Kolibash, of Philips, Gardill, Kaiser & Altmayer, of Wheeling, WV.

Before LOURIE, CLEVENGER, and PROST, Circuit Judges.


CLEVENGER, Circuit Judge.

Kurt L. VanVoorhies ("VanVoorhies") appeals from the denial of his motion pursuant to Federal Rules of Civil Procedure 59 and 60 for relief from an order requiring the assignment of certain patents to the University of West Virginia Board of Trustees (the "University"). Because the district court abused its discretion in denying VanVoorhies's motion for relief, we reverse.

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