NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit METSO MINERALS, INC., Plaintiff-Appellee, » V. POWERSCREEN INTERNATIONAL DISTRIBUTI()N, LIMTED (n0w known as Terex GB Limited), POVVERSCREEN NEW YORK, INC. AND EMERALD EQUIPMENT SYSTEMS, INC., Defendants-Appellan.ts. _ AND TEREX CORPORATION, Defen,dant-Appellant.

2011»1572, 2012-1168, -1169 Appea1s from the United States District C0urt for the Eastern District of New Y0rk in case n0. 06~CV-1446, Judge Arthu1' D. Spatt.

ON MOTION Bef0re RADER, Chief Judge.

METSO MINERALS V POWERSCREEN IN'l‘L 2 ORDER Metso Minerals, Inc. ("lVletso”) moves to dismiss appeal nos. 2012-1168, -1169 for lack of jurisdiction.

Powerscreen Internati0nal Distributi0n Limited, Terex Corporation, PoWerscreen New York, Inc., and Emerald Equipment Syste1ns, lnc. (“Appellants”) oppose. Metso replies. Appellants also move to lift the stay of appeal no. 2011-1572 and to consolidate appeal nos. 2012~1168, - 1169 with appeal no. 2011-1572 j N0ting that an accounting for damages has already begun in the district court and is still in progress Metso contends that there has been no final judgment and this court does not have jurisdiction of the related appeals.

This court disagrees. Section 1292(c)(2) of Title 28 gives this court jurisdiction over "an appeal from a judgment in a civil action for patent infringement which would otherwise be appealable to [this court] and is final except for an accounting." The statutory provision does not include a requirement the accounting not have started prior to this court assuming jurisdiction over the appeal.

Metso requests that Appellants be treated as a single party for briefing and oral argument purposes. The Practice N0tes to Federal Circuit Rule 28 state “[W]hen there are multiple parties represented by the same counsel or counsel from the same firm, a combined brief must be filed on behalf of all the parties represented by that counsel or Erm.” Appellants are no longer all represented by the same law firm. As such, Appellants will not be treated as a single party for briefing purposes.

For oral argument, however, Appellants will be allotted the normal 15 minutes unless the panel directs otherwise.

Accordingly, METSO MINERALS V POWERSCREEN INTL lT IS ORDERED THATZ (1) The motion to dismiss is denied. (2) The motion to lift the stay of appeal no. 2011-1572 and to consolidate appeal nos 2012-1168, -1169 with appeal no. 2011-1572 is granted. The revised official caption is reflected above. (3) Appellants are directed to file their consolidated opening brief within 60 days of the date of Hling of this order.

FoR THE COURT MAY 03 2012 /s/ Jan Horbal_v Date J an 1-Iorbaly Clerk cc: Michae1 C. Stuart, Esq.

Jon R. Tre1nbath, Esq.

D u.s. c0uni:i)|F'.E\PPsALs ron THeFEnERALccacu1r MAY 03;2012 JANH0nBALv cLEm<