Alexsam, Inc. v. Simon Property Group, L.p., Blackhawk Network, Inc.

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ALEXSAM, INC.,
Plaintiff-Appellant
v.
SIMON PROPERTY GROUP, L.P., BLACKHAWK
NETWORK, INC.,
Defendants-Appellees
US BANK NA,
Defendant
______________________
2025-1137
______________________
Appeal from the United States District Court for the
Eastern District of Texas in No. 2:19-cv-00331-RWS-RSP,
Judge Robert Schroeder, III.
-------------------------------------------------
ALEXSAM, INC.,
Plaintiff-Appellee
v.
SIMON PROPERTY GROUP, L.P.,
Defendant-Appellant
Case: 25-1137 Document: 43 Page: 1 Filed: 03/03/2025

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ALEXSAM, INC. v. SIMON PROPERTY GROUP, L.P. 2
BLACKHAWK NETWORK, INC.,
Defendant-Appellee
US BANK NA,
Defendant
______________________
2025-1138
______________________
Appeal from the United States District Court for the
Eastern District of Texas in No. 2:19-cv-00331-RWS-RSP,
Judge Robert Schroeder, III.
______________________
ON MOTION
______________________
Before TARANTO, STOLL, and STARK, Circuit Judges.
STARK, Circuit Judge.
O R D E R
Blackhawk Network, Inc. and Simon Property Group,
L.P. move to deactivate or stay AlexSam, Inc.’s appeal, Ap-
peal No. 2025-1137, or in the alternative, to dismiss that
appeal. ECF No. 28. AlexSam opposes. Blackhawk and
Simon reply. We dismiss AlexSam’s appeal.1
As relevant here, AlexSam sued Blackhawk and Simon
for patent infringement, and Simon asserted a third-party
1 Blackhawk also submits a letter to the court con-
cerning the briefing schedule for Appeal No. 2025-1138,
ECF No. 38, and AlexSam responds, ECF No. 39. To the
extent that Blackhawk is requesting the opportunity to file
a response brief in Appeal No. 2025-1138, that request is
granted.
Case: 25-1137 Document: 43 Page: 2 Filed: 03/03/2025

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ALEXSAM, INC. v. SIMON PROPERTY GROUP, L.P. 3
indemnification claim against Blackhawk. Simon and
Blackhawk moved for summary judgment of non-infringe-
ment. The district court granted those motions, dismissed
the case with prejudice, and denied as moot all claims and
motions not previously ruled on.
While AlexSam’s appeal from the judgment was pend-
ing, Blackhawk and Simon moved for sanctions and fees
and to clarify and/or further amend the final judgment. In
April 2024, this court affirmed the non-infringement judg-
ment. On September 24, 2024, the district court issued an
order granting in part the motions to clarify and/or amend,
clarifying that Blackhawk’s and Simon’s motions for sanc-
tions and fees remain live and that Simon’s indemnifica-
tion claim is moot in light of the final judgment. AlexSam
and Simon separately appealed, and the court docketed Si-
mon’s appeal as a cross-appeal.2
In general, this court only has jurisdiction over an ap-
peal if the decisions appealed are “final decision[s].”
28 U.S.C. § 1295(a). Final decisions are those that “end[]
the litigation on the merits and leave[] nothing for the court
to do but execute the judgment.” Catlin v. United States,
324 U.S. 229, 233 (1945). AlexSam here seeks to challenge
the district court’s holding that the amended final judg-
ment did not dismiss Blackhawk’s and Simon’s sanctions
and fees motions. See ECF No. 33-1 at 7. Because the sanc-
tions and fees motions are still pending, we agree with
Blackhawk and Simon that the district court’s order as to
those issues is not yet final and appealable.
AlexSam argues that the court should exercise pendent
jurisdiction over its appeal. But such review is limited to
2 Simon moved for certification of the district court’s
order under Federal Rule of Civil Procedure 54(b). The dis-
trict court has since denied that motion. See ECF No. 40
and 41.
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ALEXSAM, INC. v. SIMON PROPERTY GROUP, L.P. 4
“rare circumstances” “when the appealable and nonappeal-
able decisions are inextricably intertwined or when review
of the non-appealable decision is necessary to review the
appealable one.” Orenshteyn v. Citrix Sys., Inc., 691 F.3d
1356, 1358 (Fed. Cir. 2012) (internal quotation marks and
citation omitted). Here, review of the district court’s non-
final order as to the sanctions and fees motions is neither
inextricably intertwined with, nor necessary to review, the
final order as to Simon’s indemnification claim, particu-
larly given the district court rejected AlexSam’s position
that the sanctions and fees motions should be treated the
same as the indemnification claim. See ECF No. 1-2 at 74.
Thus, AlexSam’s appeal must be dismissed for lack of ju-
risdiction.
Accordingly,
IT IS ORDERED THAT:
(1) Blackhawk and Simon’s motion, ECF No. 28, is
granted to the extent that AlexSam’s appeal, Appeal No.
2025-1137, is dismissed. The revised official caption for the
remaining appeal, Appeal No. 2025-1138, is reflected in
this order.
(2) Each side shall bear its own costs as to Appeal No.
2025-1137.
(3) The briefing schedule for Appeal No. 2025-1138 is
as follows: Simon’s opening brief is due no later than 60
days after the date of entry of this order. AlexSam’s and
Blackhawk’s response briefs are due no later than 40 days
after service of Simon’s opening brief. Simon’s reply brief
is due no later than 21 days after service of AlexSam’s or
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ALEXSAM, INC. v. SIMON PROPERTY GROUP, L.P. 5
Blackhawk’s response brief, whichever is later.
March 3, 2025
Date
FOR THE COURT
Case: 25-1137 Document: 43 Page: 5 Filed: 03/03/2025

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