From Casetext: Smarter Legal Research

In re Sgromo

United States Court of Appeals for the Federal Circuit
Jan 31, 2020
2020-108 (Fed. Cir. Jan. 31, 2020)

Opinion

2020-107

01-31-2020

In re: PIETRO PASQUALE ANTONIO SGROMO, Petitioner


NOTE: This order is nonprecedential. On Petition for Writ of Mandamus to the United States District Court for the Eastern District of Texas in No. 2:19-cv-00060-JRG-RSP, Judge J. Rodney Gilstrap.

ON PETITION

PER CURIAM.

ORDER

Pietro Pasquale Antonio Sgromo petitions for a writ of mandamus to compel the United States District Court for the Eastern District of Texas to reverse its dismissal of the case and grant injunctive and other relief.

Mr. Sgromo filed a complaint in the district court, alleging, inter alia, infringement of two patents and one trademark. On September 25, 2019, the district court entered judgment dismissing the case. On October 23, 2019, Mr. Sgromo filed this petition in the district court.

Mandamus is not available to Mr. Sgromo because he could have obtained review of the district court's decision through direct appeal. See In re Pollitz, 206 U.S. 323, 331 (1907) ("[M]andamus cannot . . . be used to perform the office of an appeal."). However, we may construe a petition as a notice of appeal if filed within the filing deadline. Those are the circumstances here. We therefore construe the petition as a timely notice of appeal and direct the clerk to docket the appeal in the usual course.

Accordingly,

IT IS ORDERED THAT:

The petition for writ of mandamus is denied because the matter is treated as a timely notice of appeal. The clerk is directed to docket the case as an appeal.

FOR THE COURT

January 31, 2020

Date

/s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court s28


Summaries of

In re Sgromo

United States Court of Appeals for the Federal Circuit
Jan 31, 2020
2020-108 (Fed. Cir. Jan. 31, 2020)
Case details for

In re Sgromo

Case Details

Full title:In re: PIETRO PASQUALE ANTONIO SGROMO, Petitioner

Court:United States Court of Appeals for the Federal Circuit

Date published: Jan 31, 2020

Citations

2020-108 (Fed. Cir. Jan. 31, 2020)