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Pharmastem Therapeutics, Inc. v. Viacell, Inc.

Citation: 134 F. App'x 445Docket: Nos. 05-1198, 05-1232

Court: Court of Appeals for the Federal Circuit; June 2, 2005; Federal Appellate Court

Narrative Opinion Summary

In the legal dispute between PharmaStem Therapeutics, Inc. and ViaCell, Inc. along with other defendants, the primary issue revolves around patent infringement claims. PharmaStem initiated litigation alleging patent infringement, which led to a jury affirming both the infringement and the validity of the patents. Post-trial motions included a contempt motion against PharmaStem for allegedly breaching a prior injunction related to misleading communications. The district court upheld the jury's finding on patent validity but found no infringement, leaving the contempt motion unresolved. ViaCell questioned the finality of this judgment, highlighting the absence of rulings on declaratory judgment requests and the pending contempt motion. Citing Catlin v. United States, the court concluded that the judgment was not final due to the pending contempt motion. Consequently, the court granted the motion to dismiss the appeals, directing each party to bear its own costs, thus preventing immediate appellate review until the contempt issue is resolved.

Legal Issues Addressed

Finality of Judgment

Application: The court examines whether a judgment can be considered final for the purposes of appeal when a contempt motion is still pending.

Reasoning: The court determined that while issues of invalidity and unenforceability were adjudicated, the unresolved contempt motion means there is no final judgment, as defined by Catlin v. United States.

Jurisdiction and Appeal Dismissal

Application: The court addresses the jurisdictional challenge and decides to dismiss the appeals due to the non-finality of the judgment.

Reasoning: ViaCell, Inc. and others submitted a notice of jurisdictional question treated as a motion to dismiss appeals by PharmaStem Therapeutics, Inc., which opposes the motion.

Patent Infringement and Validity

Application: The jury found patent infringement and upheld the validity of the patents in question.

Reasoning: PharmaStem sued the defendants for patent infringement, resulting in a jury finding of infringement and upholding patent validity.