LYONS

v.

UNITED STATES

Citator

Cited By

• United States v. Aversa, 984 F.2d 493 (1st Cir. 1993)
  …acated and their cases remanded for further proceedings. By the terms of Fed. R.Crim.P. 11(a)(2), Aversa may, if he so elects, withdraw his guilty plea in the court below. See United States v. Lyons, 898 F. 2d 210, 214 n. 5 (1st Cir.), cert. denied, 498 U.S. 920, 111 S.Ct. 295, 112 L.Ed.2d 249 (1990). In Appeal No. .91-1574, the judgment of conviction is affirmed. In Appeals Nos. 91-1363 and 91-1364, the judgments of conviction are vacated and the cases remanded for further proceedings not inconsistent he…
• Malcolm v. Nat'l Gypsum Co., 995 F.2d 346 (2d Cir. 1993)
  …discretion to consolidate is not unfettered. Considerations of convenience and economy must yield to a paramount concern for a fair and impartial trial. Johnson v. Celotex Corp., 899 F. 2d 1281, 1284-85 (2d Cir.) (citations omitted), cert. denied, 498 U.S. 920, 111 S.Ct. 297, 112 L.Ed.2d 250 (1990); see also Flintkote Co. v. Allis-Chalmers Corp., 73 F.R.D. 463, 464 (S.D.N.Y.1977) (“consolidation should not be ordered if it would prejudice defendant”). In Johnson, we noted that a court considering a consol…
• Miles Labs., Inc. v. Shandon Inc., 997 F.2d 870 (Fed. Cir. 1993)
  …oreover, the record shows that the patent disclosed adequate information to enable a skilled artisan to make and use the claimed invention. Northern Telecom, Inc. v. Datapoint Corp., 908 F. 2d 931, 941, 15 USPQ2d 1321, 1329 (Fed.Cir.), cert. denied, 498 U.S. 920, 111 S.Ct. 296, 112 L.Ed.2d 250 (1990). Appellant incorrectly characterized its validity challenge as a claim definiteness issue — a characterization which the district court followed, at least in name. Nonetheless, the district court made proper f…