Egyptian Goddess, Inc. v. Swisa, Inc.

Federal Circuit

Egyptian Goddess, Inc. v. Swisa, Inc.

175 F. App'x 342

CourtCourt of Appeals for the Federal Circuit

DecidedMarch 20, 2006

DocketNo. 2006-1176

StatusPublished

This text of 175 F. App'x 342 (Egyptian Goddess, Inc. v. Swisa, 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.

Bluebook

Egyptian Goddess, Inc. v. Swisa, Inc., 175 F. App'x 342 (Fed. Cir. 2006).

Pincite

Opinion

ORDER

LOURIE, Circuit Judge.

Egyptian Goddess, Inc. and Adi Torkiya respond to this court’s order directing them to show cause why this appeal should not be dismissed as premature.

The United States District Court for the Northern District of Texas decided, on summary judgment, that Swisa, Inc. et al. do not infringe. Egyptian Goddess and Adi Torkiya appealed. However, a declaratory judgment counterclaim regarding invalidity remains pending. Thus, there is no final judgment and any appeal is premature. Nystrom v. TREX Co., Inc., 339 F.3d 1347 (Fed.Cir.2003). If the district court subsequently issues a Fed.R.Civ.P. 54(b) judgment, a new appeal may of course be filed.

Accordingly,

[343]*343IT IS ORDERED THAT:

(1) This appeal is dismissed as premature.

(2) All sides shall bear their own costs.

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