Order Denying Remaining Motions for Summary Judgment Without Prejudice to Permit Appeal of Final Judgment of Non-Infringement

McKesson Information Solutions LLC v. Epic Systems Corporation, 1:06-cv-02965 (N.D. Ga. Feb. 2, 2010) (Camp, J.)


After granting Defendant’s motion for summary judgment of non-infringement (see my summary here), the Court was left to decide whether it was necessary to address the parties’ remaining summary judgment motions, namely, Plaintiff’s motion for summary judgment of no inequitable conduct and Defendant’s motion for summary judgment on its counterclaims of invalidity and enforceability.


Rather than decide the remaining motions, set the case for trial on the counterclaims, and fully resolve the counterclaims prior to any appeal, the Court exercised its discretion to dismiss the counterclaims without prejudice and enter final judgment so that the parties may appeal the dispositive issue of non-infringement.