Related Customer Lawsuits and Warrants Certification for Interlocutory Appeal
The court granted defendants' alternative motion to certify for interlocutory appeal its order denying defendants' motion for judgment on the pleadings. "The Court's [previous order] addresses a clear question of law that is controlling both in the instant action and in [numerous related cases]. . . . Significantly, [plaintiff's] theory of liability as to the [customer] defendants is based solely on § 271 (b) and § 271 (g). [Defendant] vigorously contends that [plaintiff] asserts method of use claims, as opposed to method of manufacturing claims, and that such method of use claims are outside the scope of 35 U.S.C. § 271(g). If [defendants'] argument is correct, then such a ruling would be case dispositive-both in this action and the many related [customer] cases. Indeed, it is the significance that the Court's . . . order has to such a large number of related actions that weighs most heavily in favor of certifying the case for petition for interlocutory appeal."
Anvik Corporation v. Sharp Corporation, et. al., 7-07-cv-00825 (NYSD October 20, 2010, Order) (Preska, J.).