International Electronic Tech. v. Hughes Aircraft & DirecTV (Fed. Cir. 2007).
Sua Sponte, the Federal Circuit dismissed plaintiff’s appeal on subject matter jurisdiction because the case had not been finally resolved. In particular, the defendant had not yet dismissed its counterclaims.
The court takes umbrage at parties who have not carefully screened their cases to ascertain whether or not a judgment is final. It is incumbent on all parties to do so. The court should not be required or obligated to scrub every case to determine finality. At this time, the court shall not issue an order to show cause as to whether both parties should be cited or sanctioned for failing to determine finality before filing; however, the parties and other members of the bar are hereby placed on notice that the court shall in the future begin to cite counsel for failure to determine whether or not the appealed judgment is final.