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Judge Andrews Denies Final Judgment on Section 101 Finding Relating to Only One Patent-in-Suit

Judge Andrews recently entered an order denying a final judgment under Rule 54(b) relating to His Honor’s finding of lack of patentable subject matter. Judge Andrews agreed “with Defendant’s argument that Plaintiff’s ‘litigation approach is the definition of piecemeal’” because the Section 101 finding applied to only one out of seven patents-in-suit. As Judge Andrews explained, “Plaintiff says there is nothing to be gained by not allowing Plaintiff an appeal now, but that is not so. Most patent cases, like most other cases, settle. In all likelihood, if there is no appeal now, the Federal Circuit will never have to hear an appeal from this case. Piecemeal appeals tax the resources of the courts of appeals. To me, that is sufficient reason not to enter a Rule 54(b) judgment in this case.” Sound View Innovations, LLC v. Facebook, Inc., C.A. No. 16-116-RGA, Order at 1-2 (D. Del. Jan. 17, 2017).

Sound View Innovations, LLC v. Facebook, Inc., C.A. No. 16-116-RGA (D. Del. Jan. 17, 2017).

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