Contessa Food Products, Inc. v. Conagra, Inc.

Federal Circuit

Contessa Food Products, Inc. v. Conagra, Inc.

117 F. App'x 731

CourtCourt of Appeals for the Federal Circuit

DecidedNovember 29, 2004

DocketNo. 04-1607

StatusPublished

This text of 117 F. App'x 731 (Contessa Food Products, Inc. v. Conagra, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Contessa Food Products, Inc. v. Conagra, Inc., 117 F. App'x 731 (Fed. Cir. 2004).

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Opinion

ON MOTION

GAJARSA, Circuit Judge.

ORDER

The parties move jointly to stay briefing for 76 days, until February 7, 2005. We consider whether ConAgra, Inc. et al.’s (Conagra) appeal should be dismissed as premature.

ConAgra appealed from the August 6, 2004 decision of the United States District Court for the Central District of California in Contesssa Food Prods., Inc. v. ConAgra, Inc., No. CV 99-04145 (C.D. Cal.) granting Contessa Food Products, Inc.’s motion for summary judgment of infringement and denying ConAgra’s motion for summary judgment of noninfringement.

The parties state that they are in the midst of mediation concerning the entry of final judgment. A review of the district court docket sheet reflects that the district court has not yet entered final judgment. Therefore, we conclude that the appeal is premature and dismiss for lack of jurisdiction. See Fed.R.Civ.P. 58(a)(1) (every judgment must be set forth on a separate document).

Accordingly,

IT IS ORDERED THAT:

(1) The parties’ joint motion to stay is denied.

(2) The appeal is dismissed.

(3) Each side shall bear its own costs.

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