NOTE: This order is nonprecedential. Gnited States Court of Appeals
for the federal Circuit
PROVERIS SCIENTIFIC CORPORATION
(FORMERLY KNOWN AS IMAGE THERM
ENGINEERING, INC.),
Plaintiff-Appellee,
Vv.
INNOVASYSTEMS, INC.,
Defendant-Appellant.
2011-1043
Appeal from the United States District Court for the District of Massachusetts in case no. 05-CV-12424, Judge William G. Young.
ON MOTION
Before GAJARSA, MAYER, and PROST, Circuit Judges.
ORDER
22 Proveris Scientific Corporation moves to dismiss Innovasystems, Inc.’s appeal. Innovasystems opposes. Proveris replies.
In May of 2007, the United States District Court for the District of Massachusetts entered final judgment against Innovasystems for infringement of a Proveris patent. As part of the judgment, the district court entered a permanent injunction prohibiting Innovasystems from “making, using, selling, offering, for sale or importing into or exporting out of the United States” its infringing products. On March 3, 2010, Proveris filed a motion for contempt asserting that Innovasystems violated the injunction. The court determined that it would first rule on the issue of liability for contempt and then, if necessary, consider the issue of sanctions. Subsequently, the district court found Innovasystems to be in contempt. Innovasystems appealed that order to this court.
Proveris asserts that because the district court has not yet adjudicated the issue of sanctions, the district court's order is not final and the present appeal is premature. We agree with Proveris that Innovasystems’ appeal is premature because there is no final disposition regarding sanctions. Pursuant to 28 U.S.C. § 1295(a)(1), we have jurisdiction over a final decision of a district court. A final decision is one that “ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.” Nystrom v. Trex Co., 339 F.3d 1347, 1350 (Fed. Cir. 2003). Thus, this appeal is premature and must be dismissed.
Accordingly, It Is ORDERED THAT: (1) The motion to dismiss is granted. Any other pending motions are moot.
3(2) Each side shall bear its own costs.
For THE COURT
MAY 27 2011 /sf Jan
Horbaly Date Jan Horbaly
Clerk
ec: Victor H. Polk, Jr., Esq.
Timothy J. Szuhaj, Esq. John J. Waters
820
Issued As A Mandate: MAY 27 2011
ILED scout dbPrens FoR
MAY 27 2011 JAN HORBALY