Spectra-physics, Inc. and Spectra-physics Scanning Systems,inc., Plaintiffs-appellants, v. Symbol Technologies, Inc., Defendant-appellee, 29 F.3d 645 (Fed. Cir. 1994)

Spectra-Physics, Inc. and Spectra-Physics Scanning Systems, Inc. (Spectra) appeal the Order of the U.S. District Court for the District of Oregon, Civil No. 90-6409-HO (October 16, 1992), denying Spectra's Motion to Enforce Settlement. The district court denied Spectra's motion because it found that Spectra and Symbol Technologies (Symbol) never reached a binding settlement agreement. Spectra contends on appeal that the agreement that it alleges it entered into with Symbol confers on Spectra a right to avoid trial, and therefore the district court's Order refusing to enforce this agreement falls within the collateral order exception to the final judgment rule, thus giving this court jurisdiction to review the district court's denial of Spectra's motion. In view of the Supreme Court's recent decision in Desktop Direct, Inc. v. Digital Equipment Corp., No. 93-405, 1994 U.S. LEXIS 4273 (June 6, 1994), holding that "a refusal to enforce a settlement agreement claimed to shelter a party from suit altogether does not supply the basis for immediate appeal under [28 U.S.C.] Sec. 1291," id. at * 39, Spectra's position is unfounded. Accordingly,

IT IS ORDERED THAT: Spectra's appeal is dismissed.