Inhale, Inc. v. Gravitron, LLC

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
INHALE, INC.,
Plaintiff-Appellant
v.
GRAVITRON, LLC,
Defendant-Appellee
______________________
2025-1259
______________________
Appeal from the United States District Court for the
Western District of Texas in No. 1:18-cv-00762-ADA, Judge
Alan D. Albright.
______________________
ON MOTION
______________________
Before L OURIE, MAYER, and D YK, Circuit Judges.
D YK, Circuit Judge.
O R D E R
Gravitron, LLC moves to dismiss this appeal for lack of
jurisdiction. Inhale, Inc. opposes. Gravitron replies.
Inhale filed this infringement suit, and Gravitron as-
serted counterclaims seeking declaratory judgment of non-
infringement and invalidity. The district court granted
Case: 25-1259 Document: 20 Page: 1 Filed: 05/28/2025

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INHALE, INC. v. GRAVITRON, LLC 2
Gravitron’s motion for summary judgment on non-infringe-
ment but denied its motion for summary judgment of inva-
lidity as “moot.” After denial of reconsideration, Inhale
filed this appeal. Gravitron asserts we lack jurisdiction be-
cause there is no appealable judgment.
In general, this court only has jurisdiction over a “final
decision” of a district court. 28 U.S.C. § 1295(a). We are
not persuaded that the district court’s denial of Gravitron’s
motion for summary judgment on its invalidity counter-
claims as moot, without dismissing those claims, was suf-
ficient to give rise to an appealable final judgment.
Because at least Gravitron’s invalidity counterclaims re-
main unadjudicated, there is no final judgment to yet ap-
peal. 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)); cf. Dupree v. Younger, 598 U.S. 729, 736 (2023)
(“[A] denial of summary judgment is simply a step along
the route to final judgment, and so is typically not immedi-
ately reviewable on appeal.” (cleaned up)).
Accordingly,
I T I S O RDERED T HAT :
(1) The motion to dismiss is granted. 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, within 60 days from the date of entry
of this order, Inhale appeals from the entry of an appeala-
ble final judgment in the underlying case.
(2) Each party shall bear its own costs.
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INHALE, INC. v. GRAVITRON, LLC 3
(3) The mandate shall issue forthwith.
May 28,2025
Date
F OR THE COURT
Case: 25-1259 Document: 20 Page: 3 Filed: 05/28/2025

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