Opinion
01 CIV. 7833 (DLC).
March 10, 2003
MEMORANDUM OPINION
On January 23, 2003, this Court denied a motion for reconsideration of its prior ruling to the effect that a counterclaim for patent invalidity could not be dismissed without prejudice. On February 6, 2003, the United States Court of Appeals for the Second Circuit held that the final judgment rule is not implicated if the "ability to reassert a claim is made conditional on obtaining a reversal" on appeal. Purdy v. Zeldes, No. 02-7468, 2003 WL 253144, at *4 (2d Cir. Feb. 6, 2003).
This case is currently on appeal and therefore, this Court is without authority to act in the case. Counsel are advised that, should they enter a stipulation as described in Purdy, and should the Court have jurisdiction over the case, it would enter judgment in the defendant's favor on the plaintiff's patent infringement claim.
SO ORDERED.