This case involves an appeal from the United States District Court for the Northern District of Georgia in a patent infringement dispute between Nazir Khan and Artivion, Inc. The Federal Circuit had previously affirmed the dismissal of Khan's complaint in 2024. In June 2025, the district court denied several of Khan's post-judgment motions, though both parties continued to file additional motions, some of which remained pending. On January 13, 2026, the district court deferred Artivion's motion for a protective order. Subsequently, on January 20, 2026, Khan filed a notice of appeal targeting both the June 2025 and January 2026 orders. Artivion moved to dismiss the appeal, arguing the court lacked jurisdiction, while Khan opposed the motion.
The court addressed two distinct jurisdictional barriers. First, regarding the June 2025 order, the court found that Khan failed to file his appeal within the 30-day statutory deadline mandated by 28 U.S.C. § 2107(a) and Fed. R. App. P. 4(a)(1)(A). The court emphasized that this deadline is jurisdictional and cannot be waived or otherwise excused, citing Bowles v. Russell, 551 U.S. 205, 214 (2007). Second, regarding the January 2026 order, the court determined it was not an appeal from a final decision under 28 U.S.C. § 1295(a)(1). The court noted that ongoing related proceedings before the district court, specifically motions for attorney fees and to reverse the judgment, precluded the order from being final. The court cited Acheron Capital, Ltd. v. Mukamal, 22 F.4th 979, 987 (11th Cir. 2022), to support the conclusion that the presence of these pending matters prevents the exercise of appellate jurisdiction.
The appeal is dismissed, and each party must bear its own costs. The dismissal reinforces the strict nature of statutory appeal deadlines in patent cases, confirming that courts cannot extend or waive the 30-day limit even for equitable reasons. Additionally, the ruling clarifies that parties cannot appeal interim orders in patent cases while related motions, such as those for attorney fees, remain unresolved in the district court.
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