Wawrzynski v. H.J. Heinz Company, No. 12-1624 (Fed. Cir. Sept. 6, 2013)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

This is or is not a patent case, depending on one’s time frame. It came to us on appeal from a District Court summary judgment that the plaintiff had failed to prove infringement of his patent. I t leaves us as a transfer to the applicable regional circuit on the ground that plai n- tiff’s case from the beginning was not a patent infring e- ment case. In the case as it came to us, David Wawrzynski ap- peals two rulings from the United States District Court for the Western District of Pennsylvania , each granting summary judgment in favor of H.J.