Interdigital Communications, Inc., et al. v. ZTE Corporation, et al., C.A. No. 13-009-RGA, June 7, 2016.

Andrews, J. Defendants’ motion for certification of partial final judgment under Rule 54(b) is granted.

A jury found two “power ramp-up” patents and one more of the four patents-in-suit valid and infringed.  Defendant moves to certify an appeal of the “power ramp-up” patents and plaintiffs oppose that motion. Entry of judgment as to patent infringement liability when only a damages trial remains is a final judgment with respect to Rule 54(b).The court finds that there is no overlap between the “power ramp-up” patent claims and the claims of the remaining patent-in-suit, weighing in favor of certification. The fact that appellate review will not be mooted by future developments in the district court also favors certification.  There does not appear to be any possibility that a reviewing court might be obliged to review the same issue a second time.  The expense of a costly damages trial may be avoided if an appeal is taken now.  The court certifies the partial final judgment.