Von Holdt v. A-1 Tool, No. 04 C 4123, Slip Op. (N.D. Ill. Aug. 3, 2010) (Manning, J.)
Judge Manning granted in part plaintiffs’ motion to reconsider the Court’s opinion granting defendants summary judgment on plaintiffs’ patent claims and dismissing plaintiffs’ related state law claims for lack of supplemental jurisdiction.
The Court reversed its supplemental jurisdiction decision because Illinois law barred the refiling more than once of a claim that was voluntarily dismissed. Presented with the "new" fact that plaintiffs had previously filed suit in state court, the Court vacated its prior decision and ordered plaintiffs to brief whether the Court should retain jurisdiction over the state law claims.
The Court, however, did not reverse its summary judgment of noninfringement. On that Plaintiffs agreements were a "rehash" of its prior agreements.