Cpc Patent Technologies Pty Ltd. v. Apple Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CPC PATENT TECHNOLOGIES No. 23-3449

PTY LTD.,

D.C. No. 4:21-mc-80091- Petitioner - Appellee,

JST

v.

OPINION

APPLE INC.,

Respondent - Appellant.

Appeal from the United States District Court for the Northern District of California Jon S. Tigar, District Judge, Presiding

Argued and Submitted September 24, 2024 San Francisco, California

Filed October 24, 2024

Before: Milan D. Smith, Jr., Jacqueline H. Nguyen, and Daniel A. Bress, Circuit Judges.

Opinion by Judge Bress SUMMARY*

Discovery / Appellate Jurisdiction

The panel dismissed, for lack of appellate jurisdiction, an appeal from the district court’s order granting the application of CPC Patent Technologies Pty Ltd. for discovery under 28 U.S.C. § 1782 against Apple Inc. for use in a not-yet-filed patent infringement suit in Germany. The panel held that the district court’s decision was not final and appealable because the scope of discovery and the type of discovery that Apple was required to produce remained undetermined. In these circumstances, the district court’s order did not end the litigation on…