In Art+Com Innovationpool GmbH v. Google, Inc., C.A. No. 14-217-RGA (D. Del.), Judge Richard G. Andrews had previously denied plaintiff’s motion for judgment on the pleadings as to defendant’s laches defense. D.I. 33. The Court now denied plaintiff’s motion to certify the case for interlocutory appeal. Slip Op. (Aug. 26, 2014).
The Court explained that, even if the Federal Circuit accepted the Court’s certification (which was “seriously doubt[ful]”), the Court’s decision would either be affirmed or, if reversed, “the case would continue with only 91% of the asserted defenses.” Id. at 1. Therefore, the Court did not find the disputed issue “a controlling question of law,” nor would interlocutory appeal “materially advance the ultimate termination of the litigation.” Id.