Opinion
No. 2010-1555.
February 2, 2011.
Appeal from the United States District Court for the District of Vermont in case no. 08-CV-0197, Senior Judge J. Garvan Murtha.
Before LINN, Circuit Judge.
ON MOTION
ORDER
Sidney Kastner moves to remand this case to the United States District Court for the District of Vermont with instructions that the district court "identify fully specific `prior art' on which its decision granting summary judgment of non-infringement to Chefs Shoes, Inc. is based." Chefs Shoes, Inc. opposes.
This court denies the motion without prejudice to the parties raising the issues in their briefs, if appropriate.
Accordingly,
IT IS ORDERED THAT:
(1) The motion is denied without prejudice.
(2) Sydney Kastner's brief is due within 30 days of the date of filing of this order.