Densys Ltd. v. 3shape Trios A/s, 3shape A/s

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
DENSYS LTD.,
Plaintiff-Appellee
v.
3SHAPE TRIOS A/S, 3SHAPE A/S,
Defendants-Appellants
______________________
2026-1221
______________________
Appeal from the United States District Court for the
Western District of Texas in No. 6:19-cv-00680-ADA, Judge
Alan D Albright.
______________________
ON MOTION
______________________
Before TARANTO, MAYER, and STARK, Circuit Judges.
MAYER, Circuit Judge.
O R D E R
Densys Ltd. moves to dismiss for lack of jurisdiction.
3Shape Trios A/S and 3Shape A/S (collectively, “3Shape”)
oppose dismissal and alternatively ask to stay proceedings
pending consolidation of any future appeal from the under-
lying action. Densys replies.
Case: 26-1221 Document: 10 Page: 1 Filed: 02/13/2026

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DENSYS LTD. v. 3SHAPE TRIOS A/S 2
In April 2022, the jury returned a verdict finding
3Shape liable for patent infringement. The parties filed
post-judgment motions. While those motions were under
consideration, the district court docketed a “Report on the
Filing or Determination of an Action Regarding a Patent or
Trademark” (Form AO 120) on May 8, 2024, which noted
“04/08/2022 document 186 Jury verdict.” ECF No. 7-2 at 3.
The district court resolved the last of the parties’ post-judg-
ment motions on November 10, 2025, and directed the par-
ties to file a proposed final judgment. Although no
judgment has been entered and pre- and post-judgment in-
terest remain unresolved, 3Shape filed this appeal.
The parties focus solely on whether the district court
has entered a final decision under 28 U.S.C. § 1295(a)(1).
A final decision “ends the litigation on the merits and
leaves nothing for the court to do but execute the judg-
ment.” Firestone Tire & Rubber Co. v. Risjord, 449 U.S.
368, 373 (1981). 3Shape has not demonstrated that such a
decision has yet to occur in this case, as the district court
has indicated that there is more left to do, including resolv-
ing the ongoing dispute about interest and entering a final
judgment. We thus dismiss the appeal subject to reinstate-
ment under the same docket number without the payment
of an additional filing fee if, within 60 days, 3Shape appeals
from the entry of a final, appealable decision.
Accordingly,
IT IS ORDERED THAT:
(1) The motion to dismiss is granted. This appeal is
dismissed for lack of jurisdiction, subject to reinstatement
under the same docket number without the payment of an
additional filing fee if, by no later than 60 days from the
date of filing of this order, 3Shape files an appeal from the
entry of a final, appealable decision.
Case: 26-1221 Document: 10 Page: 2 Filed: 02/13/2026

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DENSYS LTD. v. 3SHAPE TRIOS A/S 3
(2) Each side shall bear its own costs.
February 13, 2026
Date
FOR THE COURT
Case: 26-1221 Document: 10 Page: 3 Filed: 02/13/2026

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