Splunk Inc. v. Cribl, Inc.

UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA

9 SPLUNK INC., Plaintiff, No. C 22-07611 WHA v.

CRIBL, INC. and CLINT SHARP, ORDER RE TODAY’S RULINGS Defendants. Te a As ruled on the record, plaintiff's motion for entry of final judgment as to plaintiff's patent claims (counts I-V) under Rule 54(b) was DENIED. Rule 54(b) allows a district court to enter final judgment as to one or more but fewer than all claims in a multiclaim action when there is no just reason for delay. When making this determination, the district court must consider judicial administrative interests and the equities involved. Curtiss-Wright Corp. v. Gen. Elec. Co., 446 U.S. 1, 8 (1980). At this stage, trial in this action is less than six months away. The entry of partial final judgment would all but ensure two simultaneous appellate proceedings and could lead to additional separate trials and/or retrials. That would serve the …