National Oilwell Varco, L.P. v. Pason Systems USA

Filing 273

ORDER Vacating Judgment. Ordered that the Final Judgment Pursuant to Rule 54(b), dated 04/30/09 257 is vacated by Judge Richard P. Matsch on 09/08/09. (jjh, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 03-cv-02579-RPM NATIONAL OILWELL VARCO, L.P. Plaintiff, v. PASON SYSTEMS USA CORP. Defendant. ORDER VACATING JUDGMENT Final judgment pursuant to Fed.R.Civ.P. 54(b) entered on April 30, 2009. On May 22, 2009, the Defendant filed a notice of appeal. On June 4, 2009, Plaintiff filed a notice of crossappeal. On September 3, 2009, the United States Court of Appeals for the Federal Circuit dismissed the appeals, stating that the Plaintiff's patent infringement claim has not been finally adjudicated because the defense of inequitable conduct is pending, and thus the entry of final judgment pursuant to Rule 54(b) was improper. Accordingly, it is ORDERED that the Final Judgment Pursuant to Rule 54(b), dated April 30, 2009 [dkt. 257] is vacated. Dated: September 8, 2009 BY THE COURT: s/Richard P. Matsch Richard P. Matsch, Senior District Judge