Intellectual Property News and Reports

In advance of a trial for trade-secret misappropriation, the district court instructed the parties on how the plaintiff could prove reasonableroyalty damages under the Defend Trade Secrets Act of 2016, 18 U.S.C. § 1836. It certified that order for interlocutory appeal under 28 U.S.C. § 1292(b), and an administrative, or motions, panel of this court granted the plaintiff leave to appeal.

That was error. The parties have not yet gone to trial, and the plaintiff hasn’t yet proven liability. Damages may never come up. The parties do not need our input to proceed, and we would not speed up the litigation by weighing in. The time spent on this appeal would only slowthe proceedings. There is no reason to buck the hallmark rule that a party may appeal once and only after final judgment.

We vacate the order granting leave to appeal, and we dismiss the appeal for want of jurisdiction and remand for further proceedings.

Download Silverthorne v. Sterling Seismic