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Cook Biotech Inc. v. Acell, Inc.
Citation: 123 F. App'x 968Docket: No. 775
Court: Court of Appeals for the Federal Circuit; November 28, 2004; Federal Appellate Court
ACell, Incorporated petitions for permission to appeal an interlocutory order from the United States District Court for the Northern District of Indiana, which ACell argues involves a controlling issue of law with substantial grounds for differing opinions. The order in question denied ACell’s motion for summary judgment of noninfringement and adopted jury instructions proposed by Cook Bio-tech Incorporated and Purdue Research Foundation, who oppose the appeal. ACell seeks to expedite the appeal process before the scheduled trial date of May 31, 2005. The court, referencing 28 U.S.C. 1292 and related case law, asserts that it has discretion in granting such appeals. Ultimately, the court finds that the circumstances do not warrant the granting of ACell's petition. Consequently, the petition for permission to appeal is denied.