Hildebrand v. Steck Mfg. (Fed. Cir. 2008) (nonprecedential)
Hildebrand’s invention looks pretty cool – a device for removing bolts when the head is inaccessible or damaged. (U.S. Patent No. 5,737,981).
Hildebrand won at trial and was awarded $74,863 in lost profits from Steck. Hildebrand failed to request costs & fees within the 10-day time period (under Colorado local rules) and appealed for relief to the CAFC. On appeal, the court affirmed – finding that “the district court properly concluded that his application was untimely.”
This case gives further creedence to the CAFC’s general operating procedure of giving no benefit to a party simply because the party is appealing pro se or with inadequate counsel.