Miken Composites, L.L.C. v. Wilson Sporting Goods Co.
Opinion of the Court
ORDER
Miken Composites, L.L.C. petitions without opposition for permission to appeal the order certified by the United States District Court for the District of Minnesota as one involving a controlling question of law as to which there is substantial ground for difference of opinion and for which an immediate appeal may materially advance the ultimate termination of the litigation. 28 U.S.C. § 1292(d)(2). Miken requests that if the petition is granted, the appeal be consolidated with Wilson Sporting Goods Co. v. Hillerich & Bradsby Co., 05-1103. Hillerich & Bradsby Co. submit an opposition to Miken’s request to consolidate Miken’s appeal (if permitted) with 05-1103.
This court determines for itself whether it will grant permission to appeal an interlocutory order certified by a trial court. See In re Convertible Rowing Exerciser Patent Litigation, 903 F.2d 822 (Fed.Cir. 1990). Such a ruling is within this court’s complete discretion. Id. In this case, we conclude that interlocutory appeal is not warranted.
Accordingly,
IT IS ORDERED THAT:
(1) The petition for permission to appeal is denied.
(2) The motion to consolidate is moot.
Reference
- Full Case Name
- MIKEN COMPOSITES, L.L.C., Plaintiff-Petitioner v. WILSON SPORTING GOODS CO., Defendant-Respondent
- Status
- Published