Vb Assets, LLC v. Amazon.com Services LLC

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
VB ASSETS, LLC,
Plaintiff-Cross-Appellant
v.
AMAZON.COM SERVICES LLC,
Defendant-Appellant
______________________
2025-1113, 2025-1142, 2025-1357
______________________
Appeals from the United States District Court for the
District of Delaware in No. 1:19-cv-01410-MN, Judge
Maryellen Noreika.
______________________
ON MOTION
______________________
Before L OURIE, T ARANTO, and STOLL , Circuit Judges.
P ER CURIAM .
O R D E R
The parties jointly move to stay or deactivate Appeal
Nos. 2025-1113, 2025-1142, and 2025-1357 pending entry
of final judgment. We dismiss for lack of jurisdiction.
VB Assets, LLC sued Amazon.com Services LLC as-
serting infringement of several patents, including U.S.
Case: 25-1113 Document: 35 Page: 1 Filed: 03/10/2025

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VB ASSETS, LLC v. AMAZON. COM SERVICES LLC 2
Patent Nos. 8,886,536 and 9,015,049. See Dkt. No. 22 at
48–52, 60–64. Following trial, judgment was entered on
the other patents but not the ’536 and ’049 patents, which
do not appear to have been part of the trial. See Dkt.
No. 293. The parties have recently taken opposing posi-
tions on the proper disposition of those pending claims be-
fore the district court. See Dkt. No. 346 at 4, 7 (disagreeing
on whether dismissal should be with or without prejudice).
In general, this court has jurisdiction only after a “final
decision” from a district court, 28 U.S.C. § 1295(a)(1), i.e.,
one that “ends the litigation on the merits and leaves noth-
ing for the court to do but execute the judgment,” Catlin v.
United States, 324 U.S. 229, 233 (1945). “If a case is not
fully adjudicated as to all claims for all parties and there is
no express 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’
under [] § 1295(a)(1) and therefore no jurisdiction.” Nys-
trom v. TREX Co., 339 F.3d 1347, 1350 (Fed. Cir. 2003).
Here, the district court has not fully adjudicated all claims
and has not otherwise entered partial judgment pursuant
to Fed. R. Civ. P. 54(b). Nor is there any other evident basis
for this court’s jurisdiction. Under the circumstances, dis-
missal, rather than deactivation, is appropriate.
Accordingly,
Case: 25-1113 Document: 35 Page: 2 Filed: 03/10/2025

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VB ASSETS, LLC v. AMAZON. COM SERVICES LLC 3
I T I S O RDERED T HAT :
(1) Appeal No. 2025-1357 is consolidated with Appeal
Nos. 2025-1113 and 2025-1142, and the official caption is
revised as reflected in this order.
(2) The motion to stay is denied. The appeals are dis-
missed for lack of jurisdiction.
(3) Each party shall bear its own costs.
March 10, 2025
Date
F OR THE COURT
Case: 25-1113 Document: 35 Page: 3 Filed: 03/10/2025

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