Lack of Jurisdiction Flatlines Pulse’s Appeal

The Federal Circuit in Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 16-2006 (May 26, 2017) held that it lacked jurisdiction under 28 U.S.C. §§ 1295(a)(1) and 1292(c)(2) to hear an appeal from a district court’s order regarding prejudgment interest because it was not a “final decision.” The district court awarded Halo prejudgment interest, post-judgment interest, and supplemental damages for direct infringement but did not set the total amount of prejudgment interest or the beginning date for interest calculations. Instead, it ordered Halo to prepare an updated calculation of the interest amounts. Pulse appealed the order to the Federal Circuit. The Federal Circuit concluded, however, that because the district court had not resolved the parties’ dispute, the order was not a final decision imparting jurisdiction under § 1295(a)(1). Moreover, the appeal was not proper under § 1292(c)(2), which provides an accounting exception to the finality requirement, because the prejudgment-interest award in the case was not final. Section 1292(c)(2), the Court noted, should be interpreted narrowly and thus does not allow the Court to hear an appeal arising from a non-final order, even if the order is related to the accounting. The Federal Circuit therefore dismissed the appeal for lack of jurisdiction.

*Razi Safi is a Summer Associate at Finnegan.