Following a judgment of patent infringement before Judge Young in 2007, patentee Proveris returned to District Court in 2010 with a motion for contempt arguing that infringer Innovasystems had violated the injunction. Judge Young found Innovasystems to be in contempt and was considering sanctions. Prior to a ruling on sanctions, Innovasystems appealed the contempt decision to the Federal Circuit. The Federal Circuit dismissed the appeal as premature because no “final decision” had entered due to the District Court’s ongoing consideration of sanctions.
Proveris Scientific Corp. v. Innovasystems, Inc., 2011-1043 (Fed. Cir. ORDER May 27, 2011)