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Garber v. Chicago Mercantile Exchange, No. 09-1047

In a patent infringement action, district court order denying plaintiff's motion for relief under Fed.R.Civ.P. 60(b) is reversed where the joint stipulation between the parties was filed pursuant to Rule 41(a)(1) and therefore divested the court of jurisdiction to enter any subsequent orders. 

Read Garber v. Chicago Mercantile Exchange, No. 09-1047

Appellate Information
Appeal from the United States District Court for the Northern District of Illinois.
Decided June 26, 2009

Before MICHEL, Chief Judge, LOURIE and PROST, Circuit Judges.
Opinion by LOURIE, Circuit Judge..

For Appellant: Andrew Staes, Staes & Scallan P.C., Chicago, Illinois.

For Appellee: Jerrold E. Salzman, Skadden, Arps, Slate, Meagher & Flom LLP, Chicago, Illinois