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 Cir. 2008) (nonprecedential)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.
Due Dildogence: “he was victimized … by the Federal Circuit… because he was a pro-se litigant. There was no favorism…it appears to be just the opposite.”
I’d like to see some evidence for that charge (that he was punished by the Federal Cicuit for being pro se) but, of course, there isn’t any.
Nice rant, though.
Due D., you seem to have more than just a passing interest in this case.
It is slightly interesting to see how carefully the opinion is worded. The opinion notes that Hildebrand’s Dec. 5 filing was more than 30 days after the Oct. 28 jury verdict. However, it was 31 days after the Nov. 4 entry of judgment. The local rules specified 10 days after entry of judgment; it is perhaps not absurd for Hildebrand to have interpreted the judge’s promise of “you will have 30 days to file for costs” to be referenced to the judgment of entry. That said, he still missed the deadline, saturday or not.
Hey Babel Boy….do your home work and READ….the court denied BOTH fees AND STATUATORY COSTS (an additional 70K), costs the litigant was entitled to by statute…(it was not discretionary)….and read some more….the 30 day due date fell on a SATURDAY…thus his filing on monday was timely…The bottom line? The CAFC screwed up…and failed to abide by FRCP 6, and the proper date of entry of judgment. The litigant didn’t ask for any special treatment…nor did he recieve anything but a screwing. Does this case make you proud of our bias judicial system???…because you seem to be uneducatedly humored by the guy getting screwed….(you should be proud of yourself). The case reflects that Hildebrand was innitially sued for a declaratory judgment action…and after HE RAN OUT OF MONEY…had no choice but to defend himself from the infringers counter tort claims against him. He won at trial…against two attorneys…and 3 expert witnesses…he deserves some respect….dont you think??
Hildebrand V. Steck et al ?
Now lets consider who the et al defendants and infringers were in this case…shall we?;
Hildebrand v. Mac Tools (Patent Infringers)
Hildebrand v. Snap-On Tools (Patent Infringers)
Hildebrand v. Matco Tools (Patent infringers)
Hildebrand v. Cornwell Tools (Patent infringers)
Etc….all the big boys in the tool world. (All infringing scum)
They were all indemnified by Defendant Steck, And the attorney representing them all?;
Charles Shane and David Greer of Dayton Ohio.
What was there advice to the infringing client Steck?…sue Hildebrand for interference of buiseness relations.
And for what?? Simply trying to inforce his patent.
Have we all forgotten the importance of why we’re in this buiseness…PATENTS. What value do they truly have to an individual such as Hildebrand.? Was he protected? No…it seems he was victomized;
First by the tool world….secondly by the 10th Circuit Judge Babcock, then thirdly by the Federal Circuits failure to verify the proceedings…why?…because he was a pro-se litigant. There was no favorism…it appears to be just the opposite. But one would have to do due diligence to figure that out…right…and why do that…the Federal Circuit certainly did not in this case. Think about it.
And most interestingly, the 10 circuit docket reflects Hildebrand being listed in two seperate cases. How could that be…against the same indringers…who in both cases had the same counter-claims of interference against Hildebrand. Again, the Federal Circuit failed in noting this as well.
This case isn’t over by a long shot. This Hildebrand has endured alot….I doubt he’s going away. There is currently an additional appeal pending at the CAFC…and a Writ before the Supremes…I personnally wish him well.
And to the Dayton Lawyers; Charles Shane and David Greer? They are a discrace to the legal world, and their duty of candor to the court has been beyond discracefull.
I read an article on Mr. Hildebrand. He prepared and defendant himself without assistance from anything but his home PC. Thats what the real story should be, The sad thing is he had no choice…or the infringers would have gotten a judgment against him on thier frivolous tort claims…think about it. I’m certainly disapointed in what the judicial allowed these infringers to do to this patent holder. They should be ashamed of themselves…don’t you think??
Hey, my Firefox just went into a spaz while Bill Gates is trying to force one of those mandatory updates. Sorry for the triple response.
Hey, my Firefox just went into a spaz while Bill Gates is trying to force one of those mandatory updates. Sorry for the triple response.
Hey! A 24-hour old PatObv post with no comments. Where is everybody?
Has the thought of winning a case and two appeals for $75K damages left everyone speechless?
The judge told this guy he had 30 days to file for costs/fees (instead of the local rule 10 days) and the guy still didn’t make the deadline. He had no grounds for fees anyway, the infringement was not willful. And he still appeals.
Pyrrhic pro se rocks, man.
Hey! A 24-hour old PatObv post with no comments. Where is everybody?
Has the thought of winning a case and two appeals for $75K damages left everyone speechless?
The judge told this guy he had 30 days to file for costs/fees (instead of the local rule 10 days) and the guy still didn’t make the deadline. He had no grounds for fees anyway, the infringement was not willful. And he still appeals.
Pyrrhic pro se rocks, man.
Hey! A 24-hour old PatObv post with no comments. Where is everybody?
Has the thought of winning a case and two appeals for $75K damages left everyone speechless?
The judge told this guy he had 30 days to file for costs/fees (instead of the local rule 10 days) and the guy still didn’t make the deadline. He had no grounds for fees anyway, the infringement was not willful. And he still appeals.
Pyrrhic pro se rocks, man.
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