M. Eagles Tool Warehouse, Inc. v. Fisher Tooling Co.
Docket: No. 02-1483
Court: Court of Appeals for the Federal Circuit; January 20, 2003; Federal Appellate Court
S&G Tool Ad Corp. filed a motion to dismiss Fisher Tooling’s appeal, citing lack of jurisdiction, which Fisher opposed. S&G had previously sued Fisher for declaratory judgments related to patent issues and violations of the Lanham Act, along with claims of unfair competition and tortious interference. The district court partially granted S&G’s motions for summary judgment, determining the patent was unenforceable and ruling in favor of S&G on the Lanham Act violation, unfair competition, and tortious interference claims. Fisher subsequently appealed. S&G contended that the appeal was premature due to the absence of a final judgment and unresolved damages claims. The court agreed with S&G, noting that no final judgment had been issued, and therefore, granted S&G’s motion to dismiss the appeal, ordering that each party bear its own costs.