M. Eagles Tool Warehouse, Inc. v. Fisher Tooling Co.
M. Eagles Tool Warehouse, Inc. v. Fisher Tooling Co.
Opinion of the Court
ORDER
S&G Tool Ad Corp. moves to dismiss Fisher Tooling’s appeal for lack of jurisdiction. Fisher opposes. S&G replies.
S&G sued Fisher for declaratory judgments of patent noninfringement, invalidity, and unenforceability. S&G also alleged violations of the Lanham Act and sought damages due to unfair competition and other state law claims. The district court
S&G argues that Fisher’s appeal is premature because the district court has not entered a final judgment and because damages due to unfair competition have not been determined. We agree. Although the parties disagree what proceedings may be held at the district court after dismissal of this appeal, at this stage there is no final judgment.
Accordingly,
IT IS ORDERED THAT:
(1) S&G’s motion to dismiss is granted.
(2) Each side shall bear its own costs.
Reference
- Full Case Name
- M. EAGLES TOOL WAREHOUSE, INC. (doing business as S&G Tool Aid Corp.), Plaintiff/Counterclaim and Automotive Northern Warehouse, Inc., Counterclaim v. FISHER TOOLING COMPANY, INC., (doing business as Astro Pneumatic Tool Company), Defendant/Counterclaimant-Appellant, and Stephen Fisher, Defendant-Counterclaimant
- Status
- Published