Case: 14-5028 Document: 13 Page: 1 Filed: 06/12/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
BENJAMIN GAL-OR, VALERY SHERBAUM, AND
MICHAEL LICHTSINDER,
Plaintiffs-Appellants,
v.
UNITED STATES,
Defendant-Appellee.
______________________
2014-5028
______________________
Appeal from the United States Court of Federal
Claims in No. 1:09-cv-00869-SGB, Judge Susan G.
Braden.
______________________
Before NEWMAN, RADER, and CHEN, Circuit Judges.
PER CURIAM.
ORDER
The parties have responded to this court’s order con-
cerning whether this appeal should be dismissed as
premature.
The plaintiffs appeal a November 21, 2013 United
States Court of Federal Claims order dismissing their
Case: 14-5028 Document: 13 Page: 2 Filed: 06/12/2014
2 GAL-OR v. US
claims regarding trade secrets. Still pending before that
court are patent infringement matters.
This court ordinarily only has jurisdiction over ap-
peals from “final decision[s]” of the Court of Federal
Claims. 28 U.S.C. § 1295(a)(3) (2006) (“The United States
Court of Appeals for the Federal Circuit shall have exclu-
sive jurisdiction . . . of an appeal from a final decision of
the United States Court of Federal Claims.”). The final
judgment rule limits our jurisdiction to appeals from a
decision or order that “‘ends the litigation on the merits
and leaves nothing for the court to do but execute the
judgment.’” Allen v. Principi, 237 F.3d 1368, 1372 (Fed.
Cir. 2001) (quoting Firestone Tire & Rubber Co. v. Risjord,
449 U.S. 368, 373 (1981)).
Because there is no final judgment resolving all of the
claims, we must dismiss this premature appeal. The
plaintiffs may of course appeal following entry of a final
judgment resolving all claims, when appropriate.
Accordingly,
IT IS ORDERED THAT:
(1) The appeal is dismissed.
(2) Each side shall bear its own costs.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
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