Izumi Seimitsu Kogyo Kabushiki Kaisha v. U. S. Philips Corporation, et al. (510 U.S. 27)
U.S. Supreme Court · decided November 30, 1993 · Supreme Court Database (Spaeth)
- Citation
- 510 U.S. 27 · 114 S. Ct. 425
- Decided
- November 30, 1993
- Term
- October Term 1993
- Vote
- 7–2
- Issue area
- Judicial Power
- Disposition
- Petition denied or appeal dismissed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Per Curiam. In order to reach the merits of this case, we would have to address a question that was neither presented in the petition for certiorari nor fairly included in the one question that was presented. Because we will consider questions not raised in the petition only in the most exceptional cases, and because we conclude this is not such a case, we dismiss the writ of certiorari as improvidently granted. Petitioner was named as a defendant, along with respondent Windmere Corporation, in an action brought by respondent U. S. Philips Corporation in the District Court for the Southern District of Florida claiming that the defendants had infringed Philips’ patent rights and engaged in unfair trade competition. Windmere counterclaimed for antitrust violations. At the first trial of the action, judgment was entered on a jury verdict for Philips on its patent infringement claim, and neither Izumi nor Windmere appealed. Philips also prevailed on Windmere’s antitrust counterclaim, and the District Court ordered a new trial on the unfair competition claim. On Windmere’s interlocutory appeal, the United States Court of Appeals for the Federal Circuit reversed the judgment on the antitrust counterclaim and remanded the case for a new trial. U. S. Philips Corp. v. Windmere Corp., 861 F. 2d 695 (CA Fed. 1988), cert. denied, 490 U. S. 1068 (1989). Izumi took no further part in the…
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