Lakim Industries, Inc. v. Linzer Products Corporation

Case: 13-1225 Document: 20 Page: 1 Filed: 05/03/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
LAKIM INDUSTRIES, INC., doing business as
Quali-Tech Manufacturing Company,
Plaintiff-Appellant,
v.
LINZER PRODUCTS CORPORATION,
Defendant-Appellee.
__________________________
2013-1225
__________________________
Appeal from the United States District Court for the
Central District of California in No. 12-CV-4976, Judge
Margaret M. Morrow.
__________________________
ON MOTION
__________________________
Before LOURIE, BRYSON, AND MOORE, Circuit Judges.
LOURIE, Circuit Judge.
ORDER
Lakim Industries, Inc. moves without opposition to
stay proceedings so that it may “seek from the District
Court entry of a final judgment addressing the Defend-
ant/Appellee’s counterclaims, an express determination
Case: 13-1225 Document: 20 Page: 2 Filed: 05/03/2013
LAKIM INDUSTRIES, INC. v. LINZER PRODUCTS CORPORATION 2
that there is no just reason for delay of an appeal of the
Order Granting Motion for Summary Judgment (District
Court Docket No. 63) pursuant to Federal Rule of Civil
Procedure 54(b), or other guidance as to the disposition of
the matter below pursuant to the Judgment (District
Court Docket No. 64) entered January 21, 2013.”
Lizner Products Corporation’s counterclaim of invalid-
ity of the patent at issue has not been decided. As there is
a pending claim, there is no final judgment and this
appeal is premature. See Nystrom v. TREX Co., 339 F.3d
1347, 1350 (Fed. Cir. 2003) (“If a case is not fully adjudi-
cated as to all claims for all parties and there is no ex-
press determination that there is no just reason for delay
or express direction for entry of judgment as to fewer than
all of the parties or claims, there is no final decision ...
and therefore no jurisdiction.”). Pursuant to Pause Tech-
nology LLC v. TiVo Inc., 401 F.3d 1290, 1295 (Fed. Cir.
2005), this appeal is dismissed for lack of jurisdiction,
subject to reinstatement under the same docket number
without the payment of an additional fee if, within 60
days of the date of this order, the district court enters a
final judgment or certification under Rule 54(b) and,
within 30 days of entry of judgment or certification,
Lakim files another notice of appeal.
Accordingly,
IT IS ORDERED THAT:
(1) The appeal is dismissed for lack of jurisdiction,
subject to reinstatement under the same docket number
without the payment of an additional filing fee if, within
60 days of the date of this order, the district court either
enters final judgment or enters a proper certification
under Rule 54(b).
(2) All other motions are denied as moot.
(3) Each side shall bear its own costs.
Case: 13-1225 Document: 20 Page: 3 Filed: 05/03/2013
3 LAKIM INDUSTRIES, INC. V. LINZER PRODUCTS CORPORATION
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
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