700 F.2d 1390 (Fed. Cir. 1983), 83-593, Veach v. Vinyl Imp. Products Co., Inc.

Docket NºAppeal No. 83-593.
Citation700 F.2d 1390
Party Name217 U.S.P.Q. 97 Clifton R. VEACH, d/b/a Creative Products Company, Plaintiff-Appellant, v. VINYL IMPROVEMENT PRODUCTS COMPANY, INC., Defendant-Appellee.
Case DateFebruary 15, 1983
CourtUnited States Courts of Appeals, Court of Appeals for the Federal Circuit

Page 1390

700 F.2d 1390 (Fed. Cir. 1983)

217 U.S.P.Q. 97

Clifton R. VEACH, d/b/a Creative Products Company, Plaintiff-Appellant,

v.

VINYL IMPROVEMENT PRODUCTS COMPANY, INC., Defendant-Appellee.

Appeal No. 83-593.

United States Court of Appeals, Federal Circuit

February 15, 1983

Anthony D. Cennamo, Columbus, Ohio, for appellant.

Thomas R. Boland, Vorys, Sater, Seymour & Pease, Washington, D.C., for appellee.

Before MARKEY, Chief Judge, and SMITH and NIES, Circuit Judges.

ORDER

EDWARD S. SMITH, Circuit Judge.

On December 23, 1982, defendant-appellee Vinyl Improvement Products, Inc. (Vinyl), pursuant to Rule 27(a) of the Federal Rules of Appellate Procedure, filed this motion to dismiss the appeal of plaintiff-appellant Clifton R. Veach (Veach) from the August 3, 1982, and the September 3, 1982, orders of the United States District Court for the Southern District of Ohio, Eastern Division. On August 3, 1982, that court granted Vinyl's motion for summary judgment dismissing Veach's claim of patent infringement, but denied such motion with respect to Veach's trade secret claim. Discovery was closed by order of the court on September 3, 1982. Veach's motion for reconsideration of the court's August 3, 1982, grant of summary judgment was denied on October 28, 1982. The district court now has before it Vinyl's renewed motion for summary judgment on the trade secret claim.

Neither of the orders is appealable at this time. The jurisdiction of the Court of Appeals for the Federal Circuit is limited to the jurisdiction described in 28 U.S.C. Secs. 1292(c), 1292(d), and 1295. Federal Courts Improvement Act of 1982, Pub.L. No. 97-164 Sec. 124, 1982 U.S.Code Cong. & Ad.News (96 Stat.) 36 (to be codified at 28 U.S.C. Sec. 1291). Neither of the two orders appealed from fall within that limited grant of jurisdiction.

I.

The August 3 order denying summary judgment on the trade secret claim adjudicated fewer than all of Veach's claims. The district court did not direct the entry of final judgment on the patent infringement claim. The August 3 order, therefore, is not final with respect to any of the claims under...

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  • 720 F.Supp. 373 (D.Del. 1989), Civ. A. 81-508, E.I. Du Pont De Nemours & Co. v. Phillips Petroleum Co.
    • United States
    • Federal Cases United States District Courts 3th Circuit District of Delaware
    • August 16, 1989
    ...this title...." See also Woodard v. Sage Products, Inc., 818 F.2d 841, 844 (Fed.Cir.1987); Veach v. Vinyl Improvement Products Co., 700 F.2d 1390, 1390-91 [7] The Court need not pass on whether an affirmative defense merely couched as a counterclaim is an individual cognizable claim fo......
  • 729 F.2d 757 (Fed. Cir. 1984), 83-720, Albert v. Kevex Corp.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Federal Circuit
    • March 6, 1984
    ...1 and 2 of Albert's complaint had not yet been adjudicated when these appeals were filed. See Veach v. Vinyl Improvement Products Co., 700 F.2d 1390, 217 USPQ 97 This court has previously denied Albert's motion to dismiss appeal No. 83-720, and adhered to that decision on reconsideration, s......
  • 835 F.2d 871 (Fed. Cir. 1987), 87-1415, Johns-Manville Corp. v. Guardian Industries Corp.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Federal Circuit
    • November 20, 1987
    ...we must hold that we lack jurisdiction pursuant to section 1292(c)(2) over this appeal. See Veach v. Vinyl Improvements Products Co., 700 F.2d 1390, 217 USPQ 97 Guardian, citing McCullough v. Kammerer Corp., 331 U.S. 96, 73 USPQ 136 (1947), and Albert v. Kevex Corp., 729 F.2d 757, 221 USPQ ......
  • 713 F.2d 792 (Fed. Cir. 1983), 83-1179, Holmes v. Bendix Corp.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Federal Circuit
    • July 29, 1983
    ...202, 77 L.Ed. 408 (1942) is cited. The motion cites and relies on a decision of this court, Veach v. Vinyl Improvement Products Co., 700 F.2d 1390, 217 USPQ 97 (Fed.Cir.1983). In that case there was a summary judgment dismissing an infringement claim, but one respecting trade secrets remain......
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9 cases
  • 720 F.Supp. 373 (D.Del. 1989), Civ. A. 81-508, E.I. Du Pont De Nemours & Co. v. Phillips Petroleum Co.
    • United States
    • Federal Cases United States District Courts 3th Circuit District of Delaware
    • August 16, 1989
    ...this title...." See also Woodard v. Sage Products, Inc., 818 F.2d 841, 844 (Fed.Cir.1987); Veach v. Vinyl Improvement Products Co., 700 F.2d 1390, 1390-91 [7] The Court need not pass on whether an affirmative defense merely couched as a counterclaim is an individual cognizable claim fo......
  • 729 F.2d 757 (Fed. Cir. 1984), 83-720, Albert v. Kevex Corp.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Federal Circuit
    • March 6, 1984
    ...1 and 2 of Albert's complaint had not yet been adjudicated when these appeals were filed. See Veach v. Vinyl Improvement Products Co., 700 F.2d 1390, 217 USPQ 97 This court has previously denied Albert's motion to dismiss appeal No. 83-720, and adhered to that decision on reconsideration, s......
  • 835 F.2d 871 (Fed. Cir. 1987), 87-1415, Johns-Manville Corp. v. Guardian Industries Corp.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Federal Circuit
    • November 20, 1987
    ...we must hold that we lack jurisdiction pursuant to section 1292(c)(2) over this appeal. See Veach v. Vinyl Improvements Products Co., 700 F.2d 1390, 217 USPQ 97 Guardian, citing McCullough v. Kammerer Corp., 331 U.S. 96, 73 USPQ 136 (1947), and Albert v. Kevex Corp., 729 F.2d 757, 221 USPQ ......
  • 713 F.2d 792 (Fed. Cir. 1983), 83-1179, Holmes v. Bendix Corp.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Federal Circuit
    • July 29, 1983
    ...202, 77 L.Ed. 408 (1942) is cited. The motion cites and relies on a decision of this court, Veach v. Vinyl Improvement Products Co., 700 F.2d 1390, 217 USPQ 97 (Fed.Cir.1983). In that case there was a summary judgment dismissing an infringement claim, but one respecting trade secrets remain......
  • Request a trial to view additional results