No. 18-303

Henryk Oleksy v. General Electric Company

Lower Court: Federal Circuit
Docketed: 2018-09-12
Status: Denied
Type: Paid
Response Waived
Tags: appellate-procedure civil-procedure counterclaim-dismissal court-precedent due-process federal-circuit finality finality-of-judgment judgment-finality patent patent-law precedent supervisory-power
Key Terms:
DueProcess Patent
Latest Conference: 2018-10-12
Question Presented (from Petition)

1. Whether this Court should exercise its supervisory power to assure that precedents are followed and reverse a decision that the district court judgment was not final because a counterclaim was not EXPRESSLY dismissed even though this counterclaim was effectively and necessarily dismissed by the district court?

2. Whether Due Process Rights of the Petitioner Were Violated When the Federal Circuit Court of Appeals affirmed Without Opinion District Court's Decision That Was Clearly Inconsistent with Precedents?

Question Presented (AI Summary)

Whether district court judgment was final despite lack of express dismissal of invalidity counterclaim

Docket Entries

2018-10-15
Petition DENIED.
2018-09-26
DISTRIBUTED for Conference of 10/12/2018.
2018-09-18
Waiver of right of respondent General Electric Company to respond filed.
2018-09-05
Petition for a writ of certiorari filed. (Response due October 12, 2018)

Attorneys

General Electric Company
Marla ButlerRobins Kaplan LLP, Respondent
Henryk Oleksy
Slawomir Zbigniew SzczepanskiSzczepanski Law Firm, Petitioner