Vb Assets, LLC v. amazon.com Services LLC

• Court: Court of Appeals for the Federal Circuit
• Decided: March 10, 2025
• Docket: 25-1113
• Status: Unpublished

Opinion

Case: 25-1113 Document: 35 Page: 1 Filed: 03/10/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

VB ASSETS, LLC, Plaintiff-Cross-Appellant

v.

AMAZON.COM SERVICES LLC, Defendant-Appellant ______________________

2025-1113, 2025-1142, 2025-1357 ______________________

Appeals from the United States District Court for the District of Delaware in No. 1:19-cv-01410-MN, Judge Maryellen Noreika. ______________________

ON MOTION ______________________

Before LOURIE, TARANTO, and STOLL, Circuit Judges. PER CURIAM. ORDER The parties jointly move to stay or deactivate Appeal Nos. 2025-1113, 2025-1142, and 2025-1357 pending entry of final judgment. We dismiss for lack of jurisdiction. VB Assets, LLC sued Amazon.com Services LLC as- serting infringement of several patents, including U.S. Case: 25-1113 Document: 35 Page: 2 Filed: 03/10/2025

Patent Nos. 8,886,536 and 9,015,049. See Dkt. No. 22 at 48–52, 60–64. Following trial, judgment was entered on the other patents but not the ’536 and ’049 patents, which do not appear to have been part of the trial. See Dkt. No. 293. The parties have recently taken opposing posi- tions on the proper disposition of those pending claims be- fore the district court. See Dkt. No. 346 at 4, 7 (disagreeing on whether dismissal should be with or without prejudice). In general, this court has jurisdiction only after a “final decision” from a district court, 28 U.S.C. § 1295(a)(1), i.e., one that “ends the litigation on the merits and leaves noth- ing for the court to do but execute the judgment,” Catlin v. United States, 324 U.S. 229, 233 (1945). “If a case is not fully adjudicated as to all claims for all parties and there is no express determination that there is no just reason for delay or express direction for entry of judgment as to fewer than all of the parties or claims, there is no ‘final decision’ under [] § 1295(a)(1) and therefore no jurisdiction.” Nys- trom v. TREX Co., 339 F.3d 1347, 1350 (Fed. Cir. 2003). Here, the district court has not fully adjudicated all claims and has not otherwise entered partial judgment pursuant to Fed. R. Civ. P. 54(b). Nor is there any other evident basis for this court’s jurisdiction. Under the circumstances, dis- missal, rather than deactivation, is appropriate. Accordingly, Case: 25-1113 Document: 35 Page: 3 Filed: 03/10/2025

VB ASSETS, LLC v. AMAZON.COM SERVICES LLC 3

IT IS ORDERED THAT: (1) Appeal No. 2025-1357 is consolidated with Appeal Nos. 2025-1113 and 2025-1142, and the official caption is revised as reflected in this order. (2) The motion to stay is denied. The appeals are dis- missed for lack of jurisdiction. (3) Each party shall bear its own costs. FOR THE COURT

March 10, 2025 Date