In 2009, this Court granted a motion for partial summary judgment of non-infringement as to the use of alloyed powders filed by the three Defendants (Boeing, MTS, and Aeromet). [See 179.] Because the summary judgment disposition ended the case as to Boeing, the Court certified the non-infringement issue for immediate appeal under Federal Rule of Civil Procedure 54(b). See ImageCube LLC v. The Boeing Co., 2010 WL 3516198 (Fed. Cir. Sept. 9, 2010) (denying Boeing's motion to dismiss on the ground that this Court improperly certified its judgment for immediate appeal under FRCP 54(b)). Last year, the Federal Circuit affirmed this Court's partial summary judgment ruling.