Classic Concepts, Inc. v. Linen Sources, Inc.

When the court considers extensive briefs before judgment, a motion to alter or amend under Fed. R. Civ. P. 60(b) is not filed within ten days after entry of judgment and Rule 60(b) is not addressed in the filing party’s brief, then the judgment is final and not appealable.

Classic Concepts, Inc. (“Classic”) filed complaints against Hellenic Rug Imports, Inc. (“Hellenic”) and Linen Sources, Inc. (“Linen”) for allegedly infringing Classic’s “diamond kilim” design. In August 2007, a jury found they infringed the copyright and awarded damages. Both parties briefed whether injunctive relief was an appropriate measure and the district court entered judgment awarding damages and sub silentio denying injunctive relief. After a renewed motion for judgment and a timely motion for new trial from by Hellenic and Linen were denied, Classic filed a motion for permanent injunction on November 20^th, 2007 which was denied and then Classic appealed. The Ninth Circuit held that the motion for permanent injunction construed as a motion for reconsideration under Fed. R. Civ. P. 60(b) did not toll the time for filing a notice of appeal because it was not filed within ten days after entry of judgment. The panel also held that the judgment was final and not appealable because (1) the court entertained the injunctive relief request and briefing before making the decision, (2) Classic did not file appropriately because Classic should have filed a motion to alter or amend within ten days after entry of judgment pursuant to Fed. R. Civ. P. 59, and (3) Classic did not address a Rule 60(b) ruling in the injunctive relief brief, therefore waiving its appeal. DISMISSED