Gal-Or v. United States

Case: 14-5028 Document: 13 Page: 1 Filed: 06/12/2014 NOTE: This order is nonprecedential.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 s26