Trovan Ltd. v. Pfizer, Inc.

MEMORANDUM *

Trovan Ltd., and its California licensee, Electronic Identification Devices, Ltd., (collectively Trovan), appeal the district court’s order vacating a permanent injunction after the court ordered a new trial as to liability in Trovan’s action against Pfizer, Inc. We dismiss for lack of jurisdiction.

In general, an order granting a new trial is interlocutory in nature and cannot be immediately appealed. See Allied Chem. Corp. v. Daiflon, 449 U.S. 33, 34-36 , 101 S.Ct. 188, 190-91 , 66 L.Ed.2d 193 (1980); Roy v. Volkswagenwerk Aktiengesellschaft, 781 F.2d 670, 671 (9th Cir.1985). A claim that the grant was improper must wait for review until there is a final judgment. Allied Chem., 449 U.S. at 36 , 101 S.Ct. at 191 . So it is here.

We recognize that we often have jurisdiction over appeals from orders dissolving injunctions 1 and that the inevitable result of the new trial order was to dissolve the injunction based upon it because the injunction then lacked any support whatsoever. Thus, if we did not scratch the surface of Trovan’s argument, it would appear that we have jurisdiction anyway. But we have scratched the surface, and that scratches Trovan’s argument…