A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Final Judgment

It's The Fi-Nal Judgment (da da da daaa daaa)

Nathan R. Hoeschen, March 20, 2025
Final Judgment

Some among you will appreciate this joke. Others, baffled.
Some among you will appreciate this joke. Others, baffled. AI-Generated, displayed with permission

Judge Andrews had a fun opinion yesterday on an issue that does not come up very much at all.

The plaintiff in Pioneer Hi-Bred Int'l Inc. v. Syngenta Seeds, LLC, C.A. No. 22-1280-RGA (D. Del. Mar. 19, 2025) dropped their infringement claims after claim construction. Rather than dismissing the case, they moved for partial summary judgment and asked Judge Andrews to enter final judgment so that they could appeal the otherwise dispositive Markman order.

The defendant, however, wanted to proceed to an invalidity trial, and thus opposed the entry of a final judgment. Judge Andrews declined to enter final judgment, noting that allowing appeal …

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Judge Andrews Again Rejects Stealth Bid for Interlocutory Appeal

Jeff Castellano, May 4, 2021
Final Judgment Interlocutory Appeal

We wrote previously about Judge Andrews' rejection of a proposed stipulation "that dismisses three patents without prejudice so the other two can be appealed," which he said was "just allowing for what is essentially an interlocutory appeal." At that time, he asked the parties to "submit something, jointly or separately, . . . explaining why I should approve the stipulation as is, or, if the other three patents are just fluff, why the three shouldn’t be dismissed with prejudice."

The parties in Malvern Panalytical, Inc. v. TA Instruments-Waters, LLC, C.A. No. 19-2157-RGA took Judge Andrews up on his invitation: Both sides submitted letters in support of their stipulation and proposed judgment, but yesterday Judge Andrews confirmed his earlier view that the proposed judgment was an impermissible bid for an interlocutory appeal, and he declined to enter it.

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Judge Noreika Awards Fees and Fees-on-Fees

Andrew E. Russell, Oct. 2, 2020
Final Judgment FRCP 54

About 204,261 of these.
About 204,261 of these. Sharon McCutcheon, Unsplash

Judge Noreika today awarded $204,261.31 in attorneys’ fees to a plaintiff in a trademark action, after the defendants fired their counsel, failed to obtain new counsel, and eventually had a default judgment entered against them.

She also awarded fees-on-fees, granting attorney fees for bringing the successful fees motion but not for a previous unsuccessful fees motion.

The previous motion was denied due to timing issues. Plaintiffs had filed it more than 14 days after the default judgment, and Judge Thynge issued an R&R holding that the 14-day fees deadline under FRCP 54 had passed.

Judge Noreika then offered the plaintiffs a second chance to file the fees motion. She ultimately disagreed …

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