WAWRZYNSKI v. H.J. HEINZ CO.

No. 2012-1624.

728 F.3d 1374 (2013)

David WAWRZYNSKI, Plaintiff-Appellant, v. H.J. HEINZ COMPANY, H.J. Heinz Company, L.P., and Heinz GP LLC, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

September 6, 2013.


Attorney(s) appearing for the Case

H. William Burdett, Jr. , Boyle Burdett , of Grosse Pointe Park, MI, argued for plaintiff-appellant. With him on the brief was Eugene H. Boyle, Jr.

Robert L. Byer , Duane Morris LLP, of Philadelphia, PA, argued for defendants-appellees. With him on the brief was Matthew C. Mousley.

Before NEWMAN, PLAGER, and PROST, Circuit Judges.


PLAGER, Circuit Judge.

This is or is not a patent case, depending on one's time frame. It came to us on appeal from a District Court summary judgment that the plaintiff had failed to prove infringement of his patent. It leaves us as a transfer to the applicable regional circuit on the ground that plaintiff's case from the beginning was not a patent infringement case.

In the case as it came to us, David Wawrzynski appeals two rulings from the United States...

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