Judge Gregory M. Sleet recently denied a motion for a Rule 54(b) judgment following an unopposed motion to dismiss accompanied by a covenant not to sue. Nespresso USA, Inc. v. Ethical Coffee Co. SA, C.A. No. 16-194 (GMS) (D. Del. Sept. 5, 2017). Judge Sleet explained that, under Curtis-Wright Corp. v. General Electric Co., 446 U.S. 1, 7 (1980), the Court’s granting of the unopposed motion was not an adjudication of the merits of the dispute — “[t]here was no determination by the court as to the validity of the claims at issue or whether they were infringed.” As a result, Judge Sleet explained that “this does not constitute a final judgment under Fed. R. Civ. P. 54(b) because the claims were dismissed prior to an adjudication on the merits.”
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