Jacobs v. Nintendo of America, Inc.

U.S. Court of Appeals for the Federal Circuit October 2, 2003

Jacobs v. Nintendo of America, Inc., 85 F. App'x 738 (Fed. Cir. 2003)

Opinion of the Court

DYK, Circuit Judge.

ORDER

Nintendo of America, Inc. moves to dismiss 03-1545 for lack of jurisdiction. Jordan Spencer Jacobs opposes and moves to stay consideration of the motion to dismiss and to consolidate 03-1545 with 03-1297.* Nintendo replies.

In 03-1545, Jacobs appeals from a district court order granting Nintendo’s motion for attorney fees but leaving the amount of fees to be determined at a later date. We agree with Nintendo that, under Special Devices, Inc. v. OEA, Inc., 269 F.3d 1340 (Fed.Cir. 2001), we lack jurisdiction to review the order because it is not a “final decision,” pursuant to 28 U.S.C. § 1295(a)(1), until the amount is quantified.

Accordingly,

IT IS ORDERED THAT:

(1) The motion to dismiss 03-1545 is granted.

(2) Jacobs’ motions are denied.

We treat Jacobs’ "provisional” motion as a motion for an extension of time to file his opposition to the motion to dismiss. However, Jacobs’ motion is unnecessary because his opposition was timely filed.

Reference

Full Case Name: Jordan Spencer JACOBS v. NINTENDO OF AMERICA, INC.
Status: Published