U.S. Third Circuit - The FindLaw 3rd Circuit Court of Appeals Opinion Summaries Blog

Invista S.A.R.L. v. Rhodia, SA, 09-2514

Denial of a motion to dismiss or stay the litigation, for misappropriation of trade secrets of a technology for manufacturing a chemical used in manufacturing nylon, in favor of arbitration

Invista S.A.R.L. v. Rhodia, SA, 09-2514, concerned a challenge to the district court's denial of defendant's motion to either dismiss or stay the litigation in favor of arbitration, in plaintiff's suit for interference with contract, unfair competition, and misappropriation of trade secrets, in connection with a technology for manufacturing a critical intermediate chemical used in manufacturing nylon.

In affirming, the court held that the Tribunal's holding that it does not have jurisdiction over defendant moots this appeal, and given the Tribunal's ruling, it is clear that the district court could not have enforced the arbitration clause as defendant had urged.  Further, because defendant's appeal from the denial of its motion to dismiss under section 3 of the FAA is moot and must be dismissed, its appeal from the district court's denial of its discretionary motion to stay must also be dismissed for lack of pendent appellate jurisdiction.

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