3d Systems, Inc. v. Envisiontec, Inc., Envisiontec Gmbh, and Sibco, Inc.

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# United States Court of Appeals for the Federal Circuit

3D SYSTEMS, INC.,
Plaintiff-Appellee,
v.
ENVISIONTEC, INC., ENVISIONTEC GMBH, AND
SIBCO, INC.,
Defendants-Appellants,

2011-1340

Appeal from the United States District Court for the
Eastern District of Michigan in Case No. 05-CV-74891,
Senior Judge Avern Cohn.

## ON MOTION

Before BRYSON, LINN, and PROST, Circuit Judges.

PROST, Circuit Judge.

## ORDER

3D Systems, Inc. moves to dismiss Envisiontec's ap-
peal for lack of appellate jurisdiction. Envisiontec op-
poses. 3D Systems replies.

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3D Systems asserted 12 patents against Envisiontec.
A pretrial order allowed 3D Systems to designate a lim-
ited number of claims for trial and stayed proceedings on
the remaining claims and patents, pending further order
of the court. Following trial, the district court entered
judgment on only the designated claims, but it has not yet
entered any judgment relating to the remaining claims
and patents. The district court did not certify its judg-
ment for immediate appeal pursuant to Fed. R. Civ. P.
54(b).

Because there are pending claims, there is no final
judgment and this appeal is premature. See Nystrom v.
Trex Co., 339 F.3d 1347, 1350 (Fed. Cir. 2003) ("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 . . . and therefore no jurisdiction.").
Any adversely affected party may, of course, file a notice
of appeal after the district court disposes of all claims and
enters final judgment.

Accordingly,

IT IS ORDERED THAT:

(1) The motion is granted.

(2) Each side shall bear its own costs.

FOR THE COURT

AUG 1 7 2011

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
AUG 1 7 2011

JAN HORBALY
CLERK

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cc: Sidney David, Esq.
Adrian M. Pruetz, Esq.
s24

ISSUED AS A MANDATE:

AUG 1 7 2011