Avid Identification Systems, Inc. v. Global ID Systems
Docket: No. 00-1573
Court: Court of Appeals for the Federal Circuit; February 19, 2001; Federal Appellate Court
Global ID Systems, Inc. and Douglas E. Hull successfully moved for reconsideration of the court's order dismissing their appeal due to the failure to file an opening brief on time. The dismissal stemmed from Global's request for an extension, which was denied because its counsel was not admitted to practice before the court. Global argued that its mistakes, including the late extension request and failure to complete an application for admission, were minor technical violations and should be excused. Avid Identification Systems, Inc. opposed the reinstatement, claiming that Global's notice of appeal was untimely. However, the court clarified that the final judgment was entered on March 28, 2000, and Global's postjudgment motion was submitted on April 7, 2000, which tolled the appeal period. Consequently, Global's notice of appeal filed on August 25, 2000, was deemed timely. The court granted Global's motion for reconsideration, vacated the previous dismissal order, recalled the mandate, and reinstated the appeal. Global was ordered to file its brief within 21 days of the order, and Avid's late opposition was accepted.