Brightex Bio-Photonics, LLC v. L'Oreal USA, Inc.

Summary

The United States District Court for the Northern District of California grants Brightex Bio-Photonics, LLC’s motion under Federal Rule of Civil Procedure 54(b). The court directs entry of a separate partial judgment concerning Brightex’s infringement claim for U.S. Patent No. 9,842,358, which had been dismissed with prejudice under 35 U.S.C. § 101, while the infringement claim involving U.S. Patent No. 9,542,595 remains pending. The court finds no just reason for delaying an immediate appeal and declines to stay litigation concerning the remaining patent.

Holdings

1. A dismissal with prejudice of the claim for infringement of the '358 patent was a final adjudication of that claim and satisfied the first requirement for Rule 54(b) judgment.
2. There was no just reason for delay because the § 101 patent-eligibility determination concerning the '358 patent involved discrete claims and specifications and would not require duplicative appellate review with later proceedings concerning the '595 patent.
3. A stay of the litigation concerning the '595 patent was unwarranted.

Questions Presented

1. Whether dismissal with prejudice of the '358 patent infringement claim constituted a final adjudication of that claim for purposes of Rule 54(b).
2. Whether there was any just reason to delay entry of final judgment and immediate appeal of the dismissed '358 patent claim while the '595 patent claim remained pending.
3. Whether the remaining litigation concerning the '595 patent should be stayed if Rule 54(b) judgment were entered.

Disposition

other