Case: 13-1249 Document: 20 Page: 1 Filed: 05/06/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ALLERGAN, INC., AND DUKE UNIVERSITY,
Plaintiffs-Appellees,
v.
WATSON PHARMACEUTICALS, INC.,
now known as Actavis, Inc.,
WATSON LABORATORIES, INC.,
AND WATSON PHARMA, INC.,
Defendants-Appellants.
______________________
2013-1249
______________________
Appeal from the United States District Court for the
Middle District of North Carolina in No. 12-CV-0321,
Judge Catherine C. Eagles.
______________________
ON MOTION
______________________
Before LOURIE, BRYSON, AND MOORE, Circuit Judges.
LOURIE, Circuit Judge.
ORDER
Case: 13-1249 Document: 20 Page: 2 Filed: 05/06/2013
2 ALLERGAN, INC. v. WATSON PHARMACEUTICALS, INC.
Allergan, Inc. et al. move to dismiss this appeal as
premature. Apotex Inc. et al. and Watson Pharmaceuti-
cals, Inc. oppose the motion.
Watson appeals from a February 4, 2013 order of the
United States District Court for the Middle District of
North Carolina, concluding that Watson infringed two of
Allergan’s patents and those patents were not invalid. At
the time that order was issued, the district court had not
entered judgment—and has still not entered judgment—
as to Allergan’s claims of infringement regarding two
additional patents. Although the district court had also
not acted on Allergan’s request for injunctive relief at the
time of the February 4, 2013 order, it has since granted
Allergan a permanent injunction in this case, which the
appellants have not yet appealed.
Absent final judgment or the issuance of a proper
certification under Rule 54(b) of the Federal Rules of Civil
Procedure, this court cannot exercise jurisdiction over the
February 4, 2013 order. Accordingly, the court will dis-
miss the appeal for lack of jurisdiction, subject to rein-
statement under the same docket number without the
payment of an additional fee if, within 30 days of the date
of this order, the district court either enters a final judg-
ment or enters a proper certification under Rule 54(b)
and, within 7 days of entry of judgment or certification,
Watson files another notice of appeal.
Accordingly,
IT IS ORDERED THAT:
(1) The appeal is dismissed for lack of jurisdiction,
subject to reinstatement under the same docket number
without the payment of an additional filing fee if, within
30 days of the date of this order, the district court either
enters final judgment or enters a proper certification
under Rule 54(b).
Case: 13-1249 Document: 20 Page: 3 Filed: 05/06/2013
ALLERGAN, INC. v. WATSON PHARMACEUTICALS, INC 3
(2) The parties are directed to immediately file a joint
request for certification under Rule 54(b).
(3) Each side shall bear its own costs.
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
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