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Classen Immunotherapies, Inc. v. King Pharmaceuticals, Inc.
Citation: 178 F. App'x 13Docket: No. 2006-1219
Court: Court of Appeals for the Federal Circuit; April 10, 2006; Federal Appellate Court
Elan Pharmaceuticals, Inc. filed a motion to dismiss an appeal from the United States District Court for the District of Maryland, arguing lack of jurisdiction. King Pharmaceuticals, Inc. and Classen opposed the motion, and Elan provided a reply. Classen had previously sued Elan and King for patent infringement, leading the district court to grant summary judgment in favor of King, ruling that King did not infringe. Although Classen sought a judgment under Fed. R. Civ. P. 54(b), the district court did not approve this request and instead ruled in favor of King on the infringement claim. Classen's claims against Elan and various counterclaims are still pending, resulting in a lack of final judgment and making the appeal premature, as established in Nystrom v. TREX Co. Inc. 339 F.3d 1347 (Fed.Cir.2003). Consequently, the court granted Elan's motion to dismiss the appeal, with all parties bearing their own costs.