Timing Is Essential For Filing Interlocutory Appeals — Do Not Wait For All Issues To Be Resolved

The Federal Circuit recently dismissed an interlocutory appeal filed by LG Electronics as untimely because LG filed its notice of appeal more than seven months after the district court's order disposing of all LG post-trial motions except for its post-trial motion on damages. The opinion stands as a lesson to all parties contemplating an appeal of issues related to a district court patent litigation decision to promptly do so despite other pending unresolved issues.

The plaintiff, Mondis Technology Ltd., and joinder plaintiffs, Hitachi Maxell Ltd., and Maxell, Ltd. (collectively, "Mondis") had sued LG for infringement of US Patent No. 7,475,189. This patent relates to a display unity configured to receive video signals from an external video source. The jury found that LG infringed certain claims of the asserted patent, that the asserted claims were valid, and that LG's infringement was willful, and awarded Mondis $45M in damages. In response to the verdict, LG