Case: 13-1281 Document: 15 Page: 1 Filed: 07/18/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
JOOVY LLC,
Plaintiff,
AND
ALBERT T. FAIRCLOUGH,
Plaintiff-Appellant,
v.
TARGET CORPORATION,
Defendant-Appellee.
__________________________
2013-1281
__________________________
Appeal from the United States District Court for the
Northern District of Texas in No. 06-CV-0616, Judge
Royal Furgeson.
__________________________
ON MOTION
__________________________
Before DYK, PROST, and O’MALLEY, Circuit Judges.
PER CURIAM.
ORDER
Case: 13-1281 Document: 15 Page: 2 Filed: 07/18/2013
JOOVY LLC v. TARGET CORPORATION 2
Target Corporation moves to dismiss this appeal for
lack of jurisdiction. Albert T. Fairclough has not respond-
ed.
This case arose out of a complaint filed by Joovy LLC
in the United States Northern District of Texas, charging
Target with infringement of U.S. Patent No. 5,622,375.
The patent was issued to the appellant in this matter,
Albert Fairclough. On appeal, this court held that the
patent was invalid as anticipated by prior art.
After this court’s mandate issued, the only remaining
matter in the litigation was the payment of costs of
$14,817.05 to Target. On April 13, 2012, Target’s counsel
received payment of that amount from Joovy. In light of
that payment, the case was terminated by the district
court on April 30, 2012. On March 11, 2013, almost a
year after termination of the case, the district court
received a submission from Fairclough that was construed
as a possible notice of appeal and transmitted to this
court.
The Supreme Court has made clear that the 30-day
statutory deadline for seeking review in this court from
an appealable ruling of a district court is jurisdictional
and mandatory. See Bowles v. Russell, 551 U.S. 205
(2007). To the extent that Fairclough was attempting to
seek review of the underlying judgment or the termina-
tion of the case with this court, the time for filing such an
appeal has long passed. To the extent that Fairclough
was seeking relief by the district court rather than this
court, such request should be made clear in a subsequent
filing with the district court.
Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted. The appeal is dismissed.
(2) Each side shall bear its own costs.
Case: 13-1281 Document: 15 Page: 3 Filed: 07/18/2013
3 JOOVY LLC v. TARGET CORPORATION
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
s26
ISSUED AS MANDATE: July 18, 2013