Intern. Medical Prosthetics Research Associates, Inc., In re, No. 84-1339

CourtUnited States Courts of Appeals. United States Court of Appeals for the Federal Circuit
Writing for the CourtBefore MARKEY, Chief Judge, and FRIEDMAN and RICH
Citation739 F.2d 618
Decision Date12 July 1984
Docket NumberNo. 84-1283,No. 84-1339
PartiesIn re INTERNATIONAL MEDICAL PROSTHETICS RESEARCH ASSOCIATES, INC., also known as IMPRA, Inc., Petitioner. W.L. GORE & ASSOCIATES, INC. and Gore Enterprises Holdings, Inc., Plaintiffs, v. INTERNATIONAL MEDICAL PROSTHETICS RESEARCH ASSOCIATES, INC., also known as IMPRA, Inc., Defendant. PetitionAppeal

Page 618

739 F.2d 618
In re INTERNATIONAL MEDICAL PROSTHETICS RESEARCH ASSOCIATES,
INC., also known as IMPRA, Inc., Petitioner.
W.L. GORE & ASSOCIATES, INC. and Gore Enterprises Holdings,
Inc., Plaintiffs,
v.
INTERNATIONAL MEDICAL PROSTHETICS RESEARCH ASSOCIATES, INC.,
also known as IMPRA, Inc., Defendant.
Petition No. 84-1339.
Appeal No. 84-1283.
United States Court of Appeals, Federal Circuit.
July 12, 1984.

Page 619

James F. Polese, Phoenix, Ariz., for petitioner.

Gerald D.W. North and P. Douglas Folk, Phoenix, Ariz., of counsel.

David H. Pfeffer, New York City, for respondent.

Janet Dore and J. Robert Dailey, New York City, of counsel.

John S. Campbell, Newark, Del., of counsel.

Donald W. Bivens, Phoenix, Ariz., of counsel.

Before MARKEY, Chief Judge, and FRIEDMAN and RICH, Circuit Judges.

ORDER

International Medical Prosthetics Research Associates, Inc. (IMPRA) has filed: (1) a Petition for Writ of Mandamus (84-1339); (2) an appeal from the District Court's disqualification of counsel (84-1283); (3) its Main Brief on Appeal; (4) a Motion to Consolidate and Expedite Consideration of the Petition and Appeal; (5) a Motion for Hearing of Appeal on Original Record; (6) a Motion for Stay of the District Court proceedings; (7) a Motion for Joint and Expedited Determination of IMPRA's pending Motions for Stay, for Hearing on Original Record, and for Consolidated and Expedited Consideration of its Petition and Appeal; (8) a Response to the motion of W.L. Gore & Associates, et al. (GORE) to dismiss the Petition; (9) a Motion for Leave to Reply, with Reply, to GORE's Opposition to Hearing on the Original Record; (10) and a Motion for Leave to Reply, with Reply, to GORE's Opposition to Stay of Proceedings. For its part, GORE has responded to this avalanche of paper with: (1) a Motion to Dismiss the Petition; (2) a Response to IMPRA's Motion for Consolidation and Expedited Consideration; (3) an Opposition to IMPRA's Motion for Hearing on the Original Record and; (4) an Opposition to IMPRA's Motion to Stay, with affidavit and a copy of IMPRA's then pending motion for supersedeas in the District Court.

The petition and appeal arise out of the district court's May 18, 1984 disqualification of the law firm of Reed, Goldstein and Jenkins-Reed, P.C. (Reed), one of two firms representing IMPRA.

The Petition

Though IMPRA's petition makes repeated reference to our supervisory authority over the district court, this court is devoid of such authority. C.P.C. Partnership v. Nosco Plastics, 719 F.2d 400 (Fed.Cir.1983).

In C.P.C., supra, the motion for disqualification rested on the apparent intent of challenged counsel to testify as a witness; the motion was denied, no choice of counsel right was at risk, and no question of preservation of this court's jurisdiction was involved. The petition was denied. Similarly, in In re Precision Screen Machines, Inc., 729 F.2d 1428 (1984), this court declined to issue a writ of mandamus where the circumstances of the case gave no clear demonstration of any abuse of discretion by the district court, unlike the situation in

Page 620

Mississippi Chemical Corp. v. Swift Agricultural Chemicals Corp., 717 F.2d 1374, 219 USPQ 577 (Fed.Cir.1983) (abuse of discretion), or in In re Snap-On Tools Corp., 720 F.2d 654, 220 USPQ 8 (Fed.Cir.1983) (potential frustration of the appellate jurisdiction of this court).

In the present case, there is no implication that this court's jurisdiction over the appeal from the disqualification decision or over the final judgment on the merits would be frustrated absent a grant of the petition. Absent compelling circumstances, the extraordinary remedy provided by 28 U.S.C. Sec. 1651 (the All Writs Act) should not be employed. Accordingly, the petition will be denied.

The Appeal

The district court must here have determined whether disqualification is warranted in view of prior associations of counsel with patent-related cases and issues. Under the specific language of 28 U.S.C. Sec. 1295, this court has exclusive jurisdiction over appeals where the jurisdiction of the district court over the case was based on 28 U.S.C. Sec. 1338. The jurisdiction of the district court was...

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19 practice notes
  • Bandag, Inc. v. Al Bolser's Tire Stores, Inc., Nos. 83-1123
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • November 8, 1984
    ...F.2d 1564, 1572, 1575, 223 USPQ 465, 469-72 (Fed.Cir.1984) (per curiam); In re International Medical Prosthetics Research Assocs., Inc., 739 F.2d 618, 620-21 (Fed.Cir.1984). In relation to the correct choice of law pertinent to substantive matters see American Hoist & Derrick Co. v. Sowa & ......
  • Woodard v. Sage Products, Inc., No. 87-1016
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • May 4, 1987
    ...to which appeals from the district court would normally lie, see, e.g., In re International Medical Prosthetics Research Assocs., Inc., 739 F.2d 618, 620 (Fed.Cir.1984), as well as those of other courts. However, our decision to follow another circuit's interpretation of a common jurisdicti......
  • Cable Elec. Products, Inc. v. Genmark, Inc., No. 84-1412
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • August 9, 1985
    ...by various three-judge panels of this court in reviewing specific procedural matters, In re Medical Prosthetics Research Associates, Inc., 739 F.2d 618, 620 (Fed.Cir.1984); W.L. Gore & Associates, Inc. v. International Medical Prosthetics Research Associates, Inc., 745 F.2d 1463, 223 USPQ 8......
  • Innotron Diagnostics, In re, No. 111
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • August 27, 1986
    ...authority over district courts exercisable, for example, under 28 U.S.C. Sec. 332."); In re International Medical Research Associates, 739 F.2d 618, 619 (Fed.Cir.1984) (writ denied to vacate order disqualifying counsel as not "in aid of" jurisdiction; "[T]his court is devoid of [supervisory......
  • Request a trial to view additional results
19 cases
  • Bandag, Inc. v. Al Bolser's Tire Stores, Inc., Nos. 83-1123
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • November 8, 1984
    ...F.2d 1564, 1572, 1575, 223 USPQ 465, 469-72 (Fed.Cir.1984) (per curiam); In re International Medical Prosthetics Research Assocs., Inc., 739 F.2d 618, 620-21 (Fed.Cir.1984). In relation to the correct choice of law pertinent to substantive matters see American Hoist & Derrick Co. v. Sowa & ......
  • Woodard v. Sage Products, Inc., No. 87-1016
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • May 4, 1987
    ...to which appeals from the district court would normally lie, see, e.g., In re International Medical Prosthetics Research Assocs., Inc., 739 F.2d 618, 620 (Fed.Cir.1984), as well as those of other courts. However, our decision to follow another circuit's interpretation of a common jurisdicti......
  • Cable Elec. Products, Inc. v. Genmark, Inc., No. 84-1412
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • August 9, 1985
    ...by various three-judge panels of this court in reviewing specific procedural matters, In re Medical Prosthetics Research Associates, Inc., 739 F.2d 618, 620 (Fed.Cir.1984); W.L. Gore & Associates, Inc. v. International Medical Prosthetics Research Associates, Inc., 745 F.2d 1463, 223 USPQ 8......
  • Innotron Diagnostics, In re, No. 111
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • August 27, 1986
    ...authority over district courts exercisable, for example, under 28 U.S.C. Sec. 332."); In re International Medical Research Associates, 739 F.2d 618, 619 (Fed.Cir.1984) (writ denied to vacate order disqualifying counsel as not "in aid of" jurisdiction; "[T]his court is devoid of [supervisory......
  • Request a trial to view additional results

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