Mondis Technology Ltd. v. LG Electronics Inc.

 
APPEAL NO.
20-1812
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Hughes

Question(s) Presented

“The Supreme Court has repeatedly admonished that ‘jurisdictional rules should be clear.’ Lapides v. Bd. of Regents of Univ. Sys. of Ga., 535 U.S. 613, 621 (2002). Federal Rule of Appellate Procedure 4(a)(4)—which governs appellate jurisdiction by specifying the time within which a notice of appeal ‘must’ be filed if specified post-trial motions are filed below—implements the Supreme Court’s admonition through a clear, bright-line directive by stating that ‘the time to file an appeal runs for all parties from the entry of the order disposing of the last such remaining motion.’ Fed.R.App.P. 4(a)(4)(A). If an appellant follows the Rule’s bright-line instruction by waiting to file its notice of an interlocutory appeal to this Court under 28 U.S.C. §1292(c)(2) until the district court ‘dispos[ed] of the last such remaining motion,’ does the Court nevertheless lack jurisdiction if the last such remaining motion does not ‘relate to’ the particular judgment being appealed?”

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