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Sun Coast Merchandise Corp. v. CCL Products Enterprises, Inc.
Citation: 131 F. App'x 300Docket: No. 05-1173, 05-1216
Court: Court of Appeals for the Federal Circuit; May 2, 2005; Federal Appellate Court
The order vacates a previous ruling and addresses a motion to dismiss appeals filed by CCL Products Enterprises, Inc. and others, citing a lack of a final judgment that resolves all claims for relief. CCL notes that opposing parties, Sun Coast Merchandise Corp. and Dilip Bhavnani, do not contest the motion. The court points out that the district court did not specifically address Sun Coast’s request for a declaratory judgment of invalidity, which CCL argues means there is no appealable final judgment, referencing the precedent set in Pause Tech. LLC v. Tivo, Inc. The court grants the motion to dismiss, but allows for the appeals to be reinstated under the same docket numbers without additional filing fees, provided that within 30 days of the order, the parties either appeal from a final judgment on the entire case or obtain a certification under Fed. R. Civ. P. 54(b). CCL is required to file a corrected opening brief within 21 days following the reinstatement. Should new appeals be filed after the 30-day period, they will be assigned new docket numbers and require payment of fees.