Digest of IN RE IMPLANT DIRECT SYBRON INT’L LLC, No. 2015-122 (Fed. Cir. Mar. 3, 2015) (non-precedential). On petition for Writ of Mandamus from S.D. Cal. Before Probst, Moore, and Taranto.
Procedural Posture: After Implant Direct Sybron International LLC (“IDSI”) acquired and became the successor entity of party Implant Direct International (“Implant Direct”), the United States District Court for the Southern District of California added Implant Direct Sybron International LLC to the case. It also refused to allow IDSI to file a new answer asserting affirmative defenses relating to its post-acquisition conduct. The CAFC denied a mandamus petition filed by IDSI.
- Appeal: IDSI failed to show why it will be unable to raise its challenges to the district court’s actions on appeal after final judgment. While it may be subjected to the cost and inconvenience of trial in the interim, this does not warrant mandamus relief.