## Facts

- Hirsch-Chemie Limited and related entities (Hirsch) were biotechnology companies; Johns Hopkins University (Johns Hopkins) was a research university.
- On July 27, 1983, Hirsch and Johns Hopkins entered a Joint Development Agreement (JDA) under which Hirsch funded cancer research and received a first option to negotiate a worldwide license to inventions arising from the research.
- The JDA provided a three-year term ending in July 1986 unless earlier terminated, extended by mutual consent, or superseded by a granted license; the JDA required any modification to be in a writing executed by both parties.
- In October 1985, Johns Hopkins notified Hirsch that the research had produced an invention or product; Hirsch responded in November 1985 stating it wanted to pursue a license, and the parties began negotiations.
- During negotiations, Johns Hopkins sought production and sales information. Hirsch requested and received additional time but did not provide the requested marketing projections, and negotiations did not result in a final executed license agreement.
- A separate contract between the parties (distinct from the JDA) later became the basis for Johns Hopkins to assert that Hirsch materially breached and that Johns Hopkins could terminate the parties’ contractual arrangements.
- Hirsch sued Johns Hopkins in federal district court, asserting (among other claims) breach of contract tied to the JDA and related dealings. Johns Hopkins asserted a counterclaim.
- The district court granted summary judgment against Hirsch on its breach-of-contract claim, but Johns Hopkins’ counterclaim remained unresolved; the district court’s order contemplated further action regarding whether the counterclaim would be pursued.
- Hirsch filed an appeal to the Fourth Circuit from the order granting summary judgment on its breach-of-contract claim.

## Issues

1. Whether the district court’s order granting summary judgment on Hirsch’s breach-of-contract claim was a “final decision” appealable under 28 U.S.C. § 1291 when Johns Hopkins’ counterclaim remained pending.
2. Whether the order qualified for immediate review under the collateral-order doctrine despite the unresolved counterclaim.

## Decision

- The Fourth Circuit dismissed the appeal for lack of appellate jurisdiction.
- The court held the order appealed from was not final under 28 U.S.C. § 1291 because it resolved fewer than all claims in the action, leaving Johns Hopkins’ counterclaim pending.
- The court further held the order did not fall within the narrow collateral-order category permitting immediate appeal.
- Because there was no final, appealable judgment (and no basis for interlocutory review), the court did not reach the merits of Hirsch’s contract and licensing arguments in that appeal.

## Legal Principles

- Appellate jurisdiction under 28 U.S.C. § 1291 generally extends only to final decisions that end the litigation on the merits and leave nothing for the district court to do except execute the judgment.
- An order resolving fewer than all claims in a case—such as summary judgment on a plaintiff’s claim while a defendant’s counterclaim remains pending—is not a final decision absent a proper mechanism for partial final judgment.
- The collateral-order doctrine permits immediate appeal only for a small class of orders that conclusively determine an important issue separate from the merits and that would be effectively unreviewable after final judgment.
- When appellate jurisdiction is missing, the court of appeals must dismiss and may not decide the substantive contract or intellectual-property questions presented.

## Conclusion

The Fourth Circuit dismissed Hirsch’s appeal because the district court’s summary-judgment ruling did not end the case: Johns Hopkins’ counterclaim was still pending, so there was no final decision under § 1291 and no collateral-order basis for immediate review.


Hirsch-Chemie Ltd. v. Johns Hopkins University, 36 U.S.P.Q.2d 1395 (1995)