Opinion
2012-1472
11-02-2012
MIKKELSEN GRAPHIC ENGINEERING, INC., Plaintiff-Appellee, v. ZUND AMERICA, INC., Defendant-Appellant.
NOTE: THIS ORDER IS NONPRECEDENTIAL.
Appeal from the United States District Court for the Eastern District of Wisconsin in case no. 07-CV-0391, Judge Lynn Adelman.
ON MOTION
Before SCHALL, Circuit Judge.
ORDER
Mikkelsen Graphic Engineering (MGE) moves to dismiss this appeal for lack of jurisdiction. Zund America opposes.
MGE argues that this court lacks jurisdiction over the pending appeal because, inter alia, the district court has not yet ruled on its pending motions under Rules 60(b) and 37(b) of the Federal Rules of Civil Procedure. Zund appeals an order that grants an injunction relating to the patents-in-suit. Under 28 U.S.C. § 1292(a)(1), this court has jurisdiction over an appeal taken from orders "granting, continuing, modifying, or dissolving injunctions...." 28 U.S.C. § 1292(a)(1). See also Robert Bosch LLC v. Pylon Mfg. Corp., 659 F.3d 1142, 1147 (Fed. Cir. 2011).
Accordingly,
IT IS ORDERED THAT:
The motion is denied. The appellee's response brief is due within 21 days of the date of filing of this order.
FOR THE COURT
_________________
Jan Horbaly
Clerk
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