Plaintiffs asserted that defendants infringed several patents. The district court bifurcated liability and damages for all four patent infringement claims. After a jury trial, the jury concluded that the patents were valid and infringed. Subsequently, after an inter partes review proceeding, the Patent Trial and Appeal Board (“PTAB”) issued a Final Written Decision that found all asserted claims of one of the patents-in-suit unpatentable.
The district court denied the defendants’ post-trial motions with respect to most of the patents, but withheld any decision on any issues pertaining to the ‘244 patent, which was the subject of the PTAB proceeding and a pending appeal from the PTAB decision. The defendants then filed a motion for certification of partial final judgment on the patent infringement claims pursuant to Fed. R. Civ. P. 54(b).