In re Corvis Corp.

95 F. App'x 308 (Fed. Cir. 2004) · United States Court of Appeals for the Federal Circuit · March 22, 2004

Summary

The United States Court of Appeals for the Federal Circuit denied Corvis Corporation’s petition for a writ of mandamus seeking to require a new infringement trial and jury consideration of its reverse doctrine of equivalents defense. The court held that ordinary appellate review after final judgment would provide an adequate remedy and that there was no pressing urgency warranting mandamus.

Holdings

  1. Mandamus was denied because Corvis had no pressing need for immediate review and its position would not be measurably different from its position on an ordinary appeal after final judgment.

Questions Presented

  1. Whether Corvis was entitled to immediate mandamus review of its asserted Seventh Amendment right to have the reverse doctrine of equivalents defense decided by a jury.
  2. Whether the possibility of an injunction and final judgment warranted mandamus relief before ordinary appellate review.

Disposition

writ_denied

Cases Cited (1)

  • Dairy Queen, Inc. v. Wood, 369 U.S. 469, 472 (1962)(followed)

Cited In (0)

No citing cases on record yet.

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