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District court order denying defendant's motion to compel arbitration and stay proceedings involving claims of patent and trade dress infringement is reversed where: 1) the Federal Circuit does not have exclusive jurisdiction over the appeal as the court's order was neither final nor injunctive, and the present court has jurisdiction pursuant to 9 U.S.C. sec. 16(a)(1); and 2) the court erred in denying the motion as the dispute fell within the broad language of one of the arbitration provisions of the parties' agreement.
Appeal from the United States District Court for the Eastern District of Missouri.
Submitted: April 15, 2009
Filed: August 6, 2009
Before RILEY, BENTON, and SHEPHERD, Circuit Judges.
Opinion by SHEPHERD, Circuit Judge