You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Trustees of Columbia University v. Roche Diagnostics GmbH

Citation: 87 F. App'x 164Docket: No. 03-1637, 04-1033

Court: Court of Appeals for the Federal Circuit; January 12, 2004; Federal Appellate Court

Narrative Opinion Summary

The Trustees of Columbia University in the City of New York filed a motion for reconsideration after their appeal (04-1033) was dismissed due to failure to pay the filing fee; this fee has now been paid. Columbia submitted a "supplemental submission" and requested an extension until January 20, 2004, to file its opening brief. The court granted both the motion for reconsideration and the extension of time, recalling the mandate, vacating the dismissal order, and reinstating the appeal. The revised official caption has been updated accordingly.

Legal Issues Addressed

Extension of Time to File Brief

Application: The court allows an extension of time for filing an opening brief upon request, indicating procedural flexibility in appellate proceedings.

Reasoning: Columbia submitted a 'supplemental submission' and requested an extension until January 20, 2004, to file its opening brief.

Motion for Reconsideration

Application: The court addresses a motion for reconsideration following the dismissal of an appeal due to non-payment of the filing fee. Upon payment, the court granted the motion, highlighting the process for reinstating a dismissed appeal.

Reasoning: The Trustees of Columbia University in the City of New York filed a motion for reconsideration after their appeal (04-1033) was dismissed due to failure to pay the filing fee; this fee has now been paid.

Reinstatement of Appeal

Application: The court reinstates an appeal upon reconsideration, illustrating the conditions under which an appeal may be reopened after dismissal.

Reasoning: The court granted both the motion for reconsideration and the extension of time, recalling the mandate, vacating the dismissal order, and reinstating the appeal.