DERMA PEN LLC v. << (2018)

ORDER AND JUDGMENT **

The parties are familiar with the complex procedural history of this case involving trademark infringement and counterclaims for breach of contract.¹ This is an interlocutory appeal in which Michael Anderer sought review over several injunctive orders as well as orders holding him in civil contempt. Anderer asserted we had jurisdiction to review the injunctive orders under 28 U.S.C. § 1292(a)(1). As for the civil contempt orders, Anderer argued we should exercise pendent appellate jurisdiction to review them along with the injunctive orders. See Cox v. Glanz, 800 F.3d 1231, 1255 (10th Cir. 2015).² We noted jurisdictional issues and abated the appeal while the case proceeded below.

We now dismiss for lack of jurisdiction. During the time this appeal was abated, the district court vacated all of the various injunctions. Anderer’s challenges to those injunctions are therefore moot. See Fleming v. Gutierrez, 785 F.3d 442, 445 (10th Cir. 2015). Since we do not have jurisdiction to review the now-vacated injunctions, we cannot have pendent appellate jurisdiction to review the contempt orders in this appeal (which have now merged with the final judgment). In any event, we have dealt with many of the same issues in Anderer’s appeal after final judgment in case 17-4105.

We therefore DISMISS this appeal. We also GRANT Anderer’s unopposed motion to seal various parts of the record.

FOOTNOTES

1.   See generally Derma Pen, LLC v. 4EverYoung Ltd., 2017 WL 2258362 (D. Utah May 22, 2017); Derma Pen, LLC v. 4EverYoung Ltd., 2015 WL 803148 (D. Utah Feb. 26, 2015), vacated, 2016 WL 4532106 (D. Utah Aug. 29, 2016).

2.   Anderer made other jurisdictional arguments, but we find them unpersuasive.

Timothy M. Tymkovich, Chief Judge