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Judge Andrews grants motion for certification of partial final judgment under Rule 54(b).

Judge Richard G. Andrews recently granted a defendant’s motion for certification of partial final judgment under Rule 54(b), finding that the balance of factors under the relevant Third Circuit test favored certification.  Interdigital Commc’ns, Inc. v. ZTE Corp., C.A. No. 13-009-RGA (D. Del. June 7, 2016).  A jury found in favor of the plaintiff on infringement of three patents, one of which was subsequently deemed unpatentable during inter partes review.  The Court deferred ruling on post-trial motions related to that one patent pending the resolution of the plaintiff’s appeal of the PTAB ruling, but ruled on post-trial motions relating to the other two patents (the “power ramp-up patents”).  As a result, with respect to the power ramp-up patents, all that remained in the district court was a trial on damages.  In analyzing the Third Circuit factors under Berckeley Inv. Grp., Ltd. v. Colkitt, 455 F.3d 195, 203 (3d Cir. 2006), Judge Andrews found:  (1) there was no overlap between  the power ramp-up patents and the third patent (the patentability of which was currently on appeal); (2) the need for appellate review of liability for infringement of the power ramp-up patents would not be mooted by any further developments in the district court; (3) there was no risk that the Federal Circuit would be asked to consider the same issues with respect to the power ramp-up patents a second time; and (4) appellate review of liability for infringement of the power ramp-up patents could obviate entirely the need for a damages trial on those two patents.  On balance, these factors favored granting the defendant’s motion for certification of partial final judgment under Rule 54(b).

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