ST. JUDE MEDICAL, CARDIOLOGY DIVISION, INC., ST. JUDE MEDICAL SYSTEMS AB, FKA Radi… v. Volcano Corporation

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ST. JUDE MEDICAL, CARDIOLOGY DIVISION,
INC., ST. JUDE MEDICAL SYSTEMS AB, FKA Radi
Medical Systems AB, AND ST. JUDE MEDICAL S.C.,
INC.,
Plaintiffs-Appellants,
v.
VOLCANO CORPORATION,
Defendant-Appellee.
______________________
2013-1681
______________________
Appeal from the United States District Court for the
District of Delaware in No. 1:10-CV-00631-RGA-MPT,
Judge Richard G. Andrews.
______________________
ON MOTION
______________________
Before RADER, Chief Judge, and L OURIE and T ARANTO,
Circuit Judges.
RADER , Chief Judge.
O R D E R
Case: 13-1681 Document: 17 Page: 1 Filed: 12/11/2013

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ST. JUDE MEDICAL, CARDIOLOGY v. VOLCANO CORPORATION 2
St. Jude Medical, Cardiology Division, Inc., et al., (“St.
Jude”) move for deactivation of this appeal pending an
upcoming district court trial. Volcano Corporation re-
sponds and argues that the appeal should be dismissed.
St. Jude replies.
Some but not all patents at issue in this case have
been adjudicated. St. Jude candidly states that “[t]he
district court has not entered a final judgment in the case
under Federal Rule of Civil Procedure 54(b) or otherwise.”
St. Jude's defense of unenforceability concerning one of
the patents at issue has not been resolved. Thus, the
proper course of action is to dismiss this premature ap-
peal. St. Jude may file a notice of appeal after the district
court enters an appealable judgment.
Upon consideration thereof,
I T I S O RDERED T HAT :
(1) The motion to deactivate the appeal is denied.
The appeal is dismissed.
(2) Each side shall bear its own costs.
F OR THE COURT
s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s25
Case: 13-1681 Document: 17 Page: 2 Filed: 12/11/2013

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