CQG, Inc. and CQGT, Llc. v. Trading Technologies International, Inc.

4 Cited authorities

  1. Brennan v. Kulick

    407 F.3d 603 (3d Cir. 2005)   Cited 119 times   1 Legal Analyses
    Concluding that "orders which dismiss a complaint without prejudice with leave to amend are not deemed final until either the time for amendment has expired or the plaintiff has announced its intention to stand on its complaint"
  2. Arnold Partnership v. Dudas

    362 F.3d 1338 (Fed. Cir. 2004)   Cited 11 times   9 Legal Analyses

    No. 03-1339. DECIDED: March 24, 2004. Appeal from the United States District Court for the Eastern District of Virginia, 246 F.Supp.2d 460, Leonie M. Brinkema, J. Christopher N. Sipes, Covington Burling, of Washington, DC, argued for plaintiff-appellant. Linda Moncys Isacson, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for defendants-appellees. With her on the brief were John M. Whealan, Solicitor; and Raymond T. Chen, Associate

  3. Section 325 - Relation to other proceedings or actions

    35 U.S.C. § 325   Cited 43 times   246 Legal Analyses

    (a) INFRINGER'S CIVIL ACTION.- (1) POST-GRANT REVIEW BARRED BY CIVIL ACTION.-A post-grant review may not be instituted under this chapter if, before the date on which the petition for such a review is filed, the petitioner or real party in interest filed a civil action challenging the validity of a claim of the patent. (2) STAY OF CIVIL ACTION.-If the petitioner or real party in interest files a civil action challenging the validity of a claim of the patent on or after the date on which the petitioner

  4. Section 42.71 - Decision on petitions or motions

    37 C.F.R. § 42.71   Cited 21 times   40 Legal Analyses

    (a)Order of consideration. The Board may take up petitions or motions for decisions in any order, may grant, deny, or dismiss any petition or motion, and may enter any appropriate order. (b)Interlocutory decisions. A decision on a motion without a judgment is not final for the purposes of judicial review. If a decision is not a panel decision, the party may request that a panel rehear the decision. When rehearing a non-panel decision, a panel will review the decision for an abuse of discretion. A