LG. Philips LCD Co. v. Tatung Co. of America
This text of 102 F. App'x 728 (LG. Philips LCD Co. v. Tatung Co. of America) 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.
Opinion
ORDER
LG. Philips LCD Co. Ltd. moves to dismiss the appeal filed by Tatung Company of America and Tatung Company (Tatung) as premature. Tatung opposes. LG. Philips replies.
The district court granted a motion to dismiss Tatung’s Ninth Counterclaim. Other claims remain pending at the district court. Tatung filed an appeal seeking review of the order dismissing the counterclaim. Because not all claims for relief have been decided, this appeal is premature and must be dismissed. Spraytex, Inc. v. DJS & T, 96 F.3d 1377, 1379 (Fed. Cir.1996) (“In a case involving more than one claim, there is no final decision until a judgment is entered adjudicating all of the claims.”); Fed.R.Civ.P. 54(b).
Accordingly,
IT IS ORDERED THAT:
(1) The motion to dismiss is granted.
(2) Each side shall bear its own costs.
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102 F. App'x 728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lg-philips-lcd-co-v-tatung-co-of-america-cafc-2004.