Free Notice of Appeal - District Court of Arizona - Arizona

Stephen T. Sullivan (#016038) ROBERTS, MLOTKOWSKI & HOBBES, P.C. 1850 North Central Avenue Suite 1140 Phoenix, Arizona 85004-4586 Telephone: (602) 956-6161 Attorneys for Plaintiff Desert Extrusion Corp. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Desert Extrusion Corp., an Arizona corporation, Plaintiff, vs. K2, Inc., a California corporation, and Shakespeare Company Monofilament Division, a division of K2, Inc.; Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) No. CIV 02-02180-PHX-JAT PLAINTIFF'S NOTICE OF APPEAL

Notice is hereby given that Desert Extrusion Corporation, Plaintiff in the above referenced case, hereby appeals to the United States Court of Appeals for the Federal Circuit from: (1) the Order entered in this action on September 23, 2005, in which the Court sua sponte granted Defendants summary judgment of noninfringement with respect to Defendants' method for making its Exhibit 500 product, and (2) the Judgment entered in this action on September 23, 2005, in which the Court dismissed this action.

Case 2:02-cv-02180-JAT

Document 91

Filed 10/07/2005

Page 1 of 3

Plaintiff has filed a timely Motion Under Rules 59 and 60 for Modification of Order and Relief From Judgment. Although the filing of this motion stays the time for filing a Notice of Appeal until such time as the district court rules upon the Motion Under Rules 59 and 60, see Rule 4(a)(4) of the Rules of Appellate Procedure, Plaintiffs have filed their Notice of Appeal to ensure Plaintiff's right of appeal. Dated this 7th day of October, 2005. Respectfully submitted,

By

S / Stephen T. Sullivan Stephen T. Sullivan ROBERTS, MLOTKOWSKI & HOBBES, P.C. 1850 North Central Avenue Suite 1140 Phoenix, Arizona 85004-4586 Attorneys for Plaintiff Desert Extrusion Corp.

2 Case 2:02-cv-02180-JAT Document 91 Filed 10/07/2005 Page 2 of 3

CERTIFICATE OF SERVICE It is hereby certified that the PLAINTIFF'S NOTICE OF APPEAL was served upon Defendants at the address listed below on this 7th day of October, 2005: By first class mail, postage prepaid, to: Lawrence D. Graham, Esq. David A. Lowe, Esq. BLACK LOWE & GRAHAM PLLC 701 Fifth Avenue, Suite 4800 Seattle, WA 98104 Todd Feltus, Esq. SNELL & WILMER LLP One Arizona Center 400 E. Van Buren Phoenix, AZ 85004-2202

___S / Stephen T. Sullivan ________

3 Case 2:02-cv-02180-JAT Document 91 Filed 10/07/2005 Page 3 of 3