MIKKELSEN GRAPHIC ENGINEERING V. ZUND AMERICA , No. 12-1472 (Fed. Cir. 2012)

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Case: 12-1472 Document: 22 Page: 1 Filed: 11/02/2012 NOTE: This order is nonprecedential. mntteb ~tate~ QCourt of ~peaI~ for tbe jfeberaI <!Ctrcutt MIKKELSEN GRAPHIC ENGINEERING, INC., Plaintiff-Appellee, v. ZUND AMERICA, INC., Defendant-Appellant. 2012-1472 Appeal from the United States District Court for the Eastern District of Wisconsin in case no. 07-CV-0391, Judge Lynn Adelman. ON MOTION Before SCHALL, Circuit Judge. ORDER Mikkelsen Graphic Engineering (MGE) moves to dismiss this appeal for lack of jurisdiction. Zund America opposes. MGE argues that this court lacks jurisdiction over the pending appeal because, inter alia, the district court has not yet ruled on its pending motions under Rules 60(b) Case: 12-1472 Document: 22 Page: 2 Filed: 11/02/2012 MIKKELSEN GRAPHIC ENGINEERING V. ZUND AMERICA 2 and 37(b) of the Federal Rules of Civil Procedure. Zund appeals an order that grants an injunction relating to the patents-in-suit. Under 28 U.S.C. § 1292(a)(1), this court has jurisdiction over an appeal taken from orders "granting, continuing, modifying, or dissolving injunctions...." 28 U.S.C. § 1292(a)(1). See also Robert Bosch LLC v. Pylon Mfg. Corp., 659 F.3d 1142, 1147 (Fed. Cir. 2011). Accordingly, IT Is ORDERED THAT: The motion is denied. The appellee's response brief is due within 21 days of the date of filing of this order. FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk s24

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