Sop Services, Inc. v. Vital Hunting Gear, Inc. , 562 F. App'x 982 ( 2014 )

Case: 14-1309 Document: 12 Page: 1 Filed: 04/24/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
SOP SERVICES, INC. AND BEAR ARCHERY, INC.,
Plaintiffs-Appellees,
v.
VITAL HUNTING GEAR, INC.,
Defendant,
AND
ABBAS BEN AFSHARI,
Defendant-Appellant,
AND
JACK BOWMAN AND ESCALADE INCORPORATED,
Defendants.
______________________
2014-1309
______________________
Appeal from the United States District Court for the
Southern District of Indiana in No. 3:11-cv-00112-RLY-
WGH, Judge Richard L. Young.
______________________
ON MOTION
______________________
Case: 14-1309 Document: 12 Page: 2 Filed: 04/24/2014
2 SOP SERVICES, INC. v. VITAL HUNTING GEAR, INC.
Before LOURIE, DYK, and REYNA, Circuit Judges.
PER CURIAM.
ORDER
Abbas Ben Afshari seeks interlocutory review of an
order of the United States District Court for the Southern
District of Indiana, partially resolving some of the claims
at issue in the case. Because the appeal is premature, we
grant SOP Services, Inc. and Bear Archery, Inc.’s (collec-
tively, “Bear Archery”) motion to dismiss.
In response to Bear Archery’s suit against Vital Hunt-
ing Gear, Inc. and its owner Abbas Ben Afshari for, inter
alia, patent and trademark infringement, Afshari coun-
terclaimed for infringement of his own patent. After the
district court disposed of the parties’ motions for sum-
mary judgment on January 24, 2014, what appears to
remains for trial, currently set for September 2014, are
the induced patent infringement claim and trademark
infringement claim against Afshari. Afshari appeals.
Section 1295(a)(1) of Title 28 authorizes this court to
review “a final decision” of a district court in a patent
infringement case, i.e., those that “end[] the litigation on
the merits and leave[] nothing for the court to do but
execute the judgment.” Catlin v. United States, 324 U.S.
229, 233 (1945). A decision disposing of some claims on
summary judgment in a multi-claim litigation does not
constitute a final judgment unless Fed. R. Civ. P. 54(b)’s
requirements are met. The district court did not direct
entry of judgment under Rule 54(b). Thus, Afshari’s
notice of appeal is clearly premature.
Accordingly,
IT IS ORDERED THAT:
(1) The motion to dismiss is granted.
(2) Each side shall bear its own costs.
Case: 14-1309 Document: 12 Page: 3 Filed: 04/24/2014
SOP SERVICES, INC. v. VITAL HUNTING GEAR, INC. 3
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s19
ISSUED AS A MANDATE: April 24, 2014