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Nichols Institute Diagnostics, Inc. v. Scantibodies Clinical Laboratory, Inc.

Citation: 54 F. App'x 325Docket: Nos. MISC. 717, 03-1031

Court: Court of Appeals for the Federal Circuit; December 18, 2002; Federal Appellate Court

Narrative Opinion Summary

In this case, Scantibodies Clinical Laboratory, Inc. filed a writ of mandamus seeking to compel the United States District Court for the Southern District of California to vacate its order that deemed Scantibodies' motion for summary judgment moot and to conduct a hearing on the motion and inventorship correction. The dispute arose over the validity of a patent, which Scantibodies challenged due to the alleged omission of a fourth inventor. However, the patent owner corrected the inventorship at the Patent and Trademark Office, prompting the district court to rule the motion moot. Scantibodies' subsequent appeal was dismissed for lack of jurisdiction, as the court determined that Scantibodies failed to show the absence of alternative relief means and that its rights to the writ were neither clear nor indisputable. Furthermore, the court held that interlocutory orders must be effectively unreviewable on appeal to warrant jurisdiction, which Scantibodies could not demonstrate. Consequently, the court denied both the petition for a writ of mandamus and the motion for reconsideration, leaving Scantibodies to pursue any potential claims through a final judgment appeal.

Legal Issues Addressed

Appealability of Interlocutory Orders

Application: The court rejected the appeal for lack of jurisdiction, noting the requirement that an issue must be effectively unreviewable in a subsequent appeal to justify interlocutory jurisdiction.

Reasoning: The court rejected Scantibodies' argument for the appealability of the interlocutory order, stating that the failure to demonstrate that an issue would be 'effectively unreviewable' in a subsequent appeal negated appellate jurisdiction under applicable precedent.

Mootness of Summary Judgment Motion

Application: The district court deemed Scantibodies' motion for summary judgment moot following the correction of inventorship by the patent owner.

Reasoning: The patent owner corrected the inventorship with the Patent and Trademark Office, leading the district court to declare the motion moot.

Requirements for Writ of Mandamus

Application: The court emphasized that a writ of mandamus requires the petitioner to demonstrate the absence of other means of relief and a clear and indisputable right to the writ.

Reasoning: A writ of mandamus requires the petitioner to demonstrate the absence of other relief means and that the right to the writ is 'clear and indisputable.'