Federal Circuit Grants St. Onge IP’s Motion to Dismiss an Appeal of Infringement Claim

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St. Onge IP’s Stephen P. McNamara and Alyson DiLena persuaded the Federal Circuit to dismiss an appeal from District Court for the District of Connecticut in a patent infringement case. The appeal had been filed in 2012, however, the Court ruled that the Appellant’s “inaction and dilatoriness” in pursuing its appeal for over 6 years warranted a dismissal of the appeal. The Court noted that even if no rules had been broken, the Appellant, in “allowing the notice of appeal to languish on the district court’s docket for six plus years without any attempt to contact the district court’s clerk to inquire as to its status or to request that the notice be transmitted” constituted a failure to prosecute. The court noted that St. Onge had demonstrated its client would be economically and evidentiarily prejudiced by the long delay, including the risk of loss of hundreds of thousands of dollars of investments that had been made since the District Court case had been terminated.  Potts v Cur-Tech LLC, Appeal No. 2020-1471 (Order May 19, 2020). Click here to download.