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Shanklin Corp. v. American Packaging Machinery, Inc.
Citation: 44 F. App'x 473Docket: No. 02-1346
Court: Court of Appeals for the Federal Circuit; July 31, 2002; Federal Appellate Court
Shanklin Corporation filed a motion to dismiss the appeal from American Packaging Machinery, Inc. (APM) and Rally Packaging Corporation, citing a lack of jurisdiction. APM opposed the motion. The appeal arose from a ruling by the United States District Court for the Northern District of Illinois, which found infringement of claims 1-9 of Shanklin’s patent, granting the plaintiffs' summary judgment while denying the defendants' motion. The district court noted that the finding of infringement might affect the defendants' counterclaim for tortious interference but did not provide a definitive ruling on the matter, leaving it unresolved. The district court's order indicated that the case was not final except for the accounting, as it had not expressly decided all other matters. APM argued that the infringement ruling should necessitate the dismissal of the counterclaim, but the district court had not made such a determination. Additionally, the potential litigation of claims 10 and 11 and other unresolved issues were acknowledged, reinforcing the lack of finality. Consequently, the appeal was dismissed based on the court's findings. The order included that Shanklin's motion to dismiss was granted, with each party responsible for its own costs. Furthermore, the district court mentioned that Shanklin's motion for a preliminary injunction was still pending, indicating that not all issues had been resolved.