Orenshteyn v. Citrix Systems, Inc.

On this appeal from the district court’s final judgment of patent invalidity and accompanying sanctions, the defendant Citrix Systems moved to dismiss as premature that portion of the appeal that relates to the award of sanctions. My colleagues on this panel hold that the final judgment on the merits is appealable, but refuse to include the appeal of the accompanying sanctions because the attorney fees and costs have not been quantified. The final judgment of invalidity, and the attorney fees and costs awarded as sanctions, arise from the same factual and legal considerations, and will now…