Custom Metalcraft, Inc. v. Hoover Materials Handling Group, Inc.

NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2007-1218
CUSTOM METALCRAFT, INC.,
Plaintiff-Appellant,
v.
HOOVER MATERIALS HANDLING GROUP, INC.,
Defendant-Appellee.
----------------------
2007-1242
CUSTOM METALCRAFT, INC.,
Plaintiff-Appellee,
v.
HOOVER MATERIALS HANDLING GROUP, INC.,
Defendant-Appellant.
ON MOTION
Before SCHALL, GAJARSA, and LINN, Circuit Judges.
LINN, Circuit Judge.
ORDER
Custom Metalcraft, Inc. moves to dismiss Hoover Materials Handling Group,
Inc.'s appeal, 2007-1242. Hoover moves to stay disposition of the motion to dismiss.
Custom Metalcraft opposes.
On February 8, 2007, the United States District Court for the Western District of
Missouri certified its judgment of noninfringement pursuant to Fed. R. Civ. P. 54(b).
Custom Metalcraft appealed, appeal no. 2007-1218. Hoover filed a cross-appeal,
appeal no. 2007-1242, seeking review of an order granting summary judgment that the
patent was not invalid on certain grounds. On May 9, 2007, after Hoover filed its
appeal, the district court denied Hoover's motion to certify its disposition of Hoover's
invalidity counterclaims pursuant to Rule 54(b).
Because there is no final judgment disposing of Hoover's counterclaims
concerning invalidity, Hoover's appeal must be dismissed. Nystrom v. Trex Co., Inc.,
339 F.3d 1347 (Fed. Cir. 2003).
Accordingly,
IT IS ORDERED THAT:
(1) The motion to dismiss appeal no. 2007-1242 is granted.
(2) Hoover's motion to stay is denied.
(3) A copy of this order shall be transmitted to the merits panel assigned to
hear appeal no. 2007-1218 to inform the panel of the disposition of the cross-appeal.
FOR THE COURT
June 5, 2007 /s/ Richard Linn
Date Richard Linn
Circuit Judge
cc: Scott R. Brown, Esq.
Robert C. Haldiman, Esq.
s8
ISSUED AS A MANDATE (as to 2007-1242 only): June 5, 2007
2007-1218, 2007-1242 -2-