Driscoll’s, Inc., Driscoll’s of Europe B.v. v. California Berry Cultivars, LLC, Douglas Shaw

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
DRISCOLL’S, INC., DRISCOLL’S OF EUROPE B.V.,
Plaintiffs-Appellants
v.
CALIFORNIA BERRY CULTIVARS, LLC, DOUGLAS
SHAW,
Defendants-Appellees
______________________
2025-1747
______________________
Appeal from the United States District Court for the
Eastern District of California in No. 2:19-cv-00493-TLN-
CKD, Judge Troy L. Nunley.
______________________
ON MOTION
______________________
Before REYNA, MAYER, and CHEN, Circuit Judges.
PER CURIAM.
O R D E R
Driscoll’s, Inc. and Driscoll’s of Europe B.V. (collec-
tively, “Driscoll’s”) move to deactivate this appeal pending
the district court’s entry of final judgment. ECF No. 5. We
dismiss the appeal for lack of jurisdiction.
Case: 25-1747 Document: 6 Page: 1 Filed: 06/23/2025

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DRISCOLL’S, INC. v. CALIFORNIA BERRY CULTIVARS, LLC 2
Driscoll’s sued California Berry Cultivars, LLC and
Douglas Shaw (collectively, “CBC”) for infringement of
three patents. CBC filed counterclaims related to non-in-
fringement and invalidity. The district court granted
CBC’s motion for summary judgment as to Driscoll’s claims
and entered judgment to that effect. There is no dispute
that CBC’s invalidity counterclaims remain pending, and
the district court has ordered briefing on dispositive mo-
tions. ECF No. 5 at 2.
In general, this court only has jurisdiction over a “final
decision” of a district court. 28 U.S.C. § 1295(a). Because
CBC’s invalidity counterclaims remain unadjudicated,
there has been no final judgment. See Nystrom v. Trex Co.,
Inc., 339 F.3d 1347, 1349 (Fed. Cir. 2003) (“[A] judgment
that does not dispose of pending counterclaims is not a final
judgment.” (citation omitted)).
Accordingly,
IT IS ORDERED THAT:
(1) The motion is denied. 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 Driscoll’s files a notice of appeal within 60 days
of an appealable order.
(2) Each party shall bear its own costs.
(3) The mandate shall issue forthwith.
June 23, 2025
Date
FOR THE COURT
Case: 25-1747 Document: 6 Page: 2 Filed: 06/23/2025

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