a pending Rule 50 and 59 motion divests the Federal Circuit of appellate jurisdiction over an otherwise appealable interlocutory judgment under 28 U.S.C. § 1292(c)(2), see Jurgens v. McKasy, 905 F.2d 382 (Fed.Cir.1990) (motion to amend judgment filed within ten days of judgment relieved appellate court of jurisdiction), this Court asks that Schering inform the Court whether it intends to file an immediate appeal of this judgment or whether it will seek resolution of is post-trial motions before this Court. In either event, the Court also needs to know whether Schering wants this Court to stay a trial on damages. See Second Amended Complaint at ¶ D (seeking damages), ¶ E (seeking an account), and ¶ F (seeking trebled damages); see also In re Calmar, Inc., 854 F.2d 461 (Fed.Cir.1988) (<HOLDING>). Of course, Schering may also appeal the grant
holding defendant may appeal order stemming from full restitution hearing even though motion for hearing filed ten days after sentencing recognizing that a lower court cannot change the law of the case as decided by the highest court hearing a case recognizing that court may proceed with damages hearing during appeal in patent case or court may stay that hearing under rule 62 holding that this court had jurisdiction over an appeal from a trial court order which remanded the case so that a new hearing examiner could be appointed and a new hearing conducted where the appellant raised the issue of commingling of prosecutorial and adjudicative functions during the original hearing holding that the supreme court does not require an evidentiary hearing in every case