Wilco Marsh Buggies and Draglines, Inc. v. Weeks Marine, Inc.
U.S. District Court for the Eastern District of Louisiana (No. 2:20-cv-03135-CJB-JVM, Judge Carl J. Barbier)
Holding
The Federal Circuit dismissed the appeal pursuant to the parties' joint stipulation under FRAP 42(b), with each party bearing its own costs. The court declined to characterize the dismissal as with or without prejudice, consistent with its general practice.
Why It Matters
Routine voluntary dismissal with no substantive ruling; the court's footnote reaffirms its standard practice of not designating appeal dismissals as with or without prejudice absent a specific basis to do so.
Full Summary
Key Points
- Both parties filed a joint stipulation of dismissal under Fed. R. App. P. 42(b), prompting the Federal Circuit to dismiss the appeal.
- The court declined to dismiss with or without prejudice, noting that parties provided no basis to deviate from its general practice on that point.
- Each party bears its own costs — no fee or cost award to either side.
- The mandate issued on the same date as the order (May 20, 2026), making the dismissal immediately final.
- The order is nonprecedential and contains no substantive patent-law ruling; the underlying merits from the district court remain unreviewed by the Federal Circuit.
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