AstraZeneca AB v. Mutual Pharmaceutical Co.

Federal Circuit

AstraZeneca AB v. Mutual Pharmaceutical Co.

89 F. App'x 239

CourtCourt of Appeals for the Federal Circuit

DecidedFebruary 2, 2004

DocketNo. 03-1604

StatusPublished

This text of 89 F. App'x 239 (AstraZeneca AB v. Mutual Pharmaceutical Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

AstraZeneca AB v. Mutual Pharmaceutical Co., 89 F. App'x 239 (Fed. Cir. 2004).

Pincite

Opinion

LINN, Circuit Judge.

ORDER

AstraZeneca AB et al. move to dismiss Mutual Pharmaceutical Company, Inc.’s [240]*240appeal as premature. Mutual Pharmaceutical opposes. AstraZeneca replies. The United States District Court for the Eastern District of Pennsylvania submits a notice of a recent ruling entering final judgment.

It is clear that Mutual Pharmaceutical’s appeal was filed before the district court decided all claims for relief. The district court’s previous announcement of a “final judgment” prompted Mutual Pharmaceutical to file an appeal, which was protective of its interests. Nonetheless, the appeal was prematurely filed because not all claims for relief had been decided. Fed. R.CivJP. 54(b).

Accordingly,

IT IS ORDERED THAT:

The motion to dismiss is granted. Each side shall bear its own costs.

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