Opinion
2012-1011
06-21-2012
ACCENT PACKAGING, INC., Plaintiff-Appellant, v. LEGGETT & PLATT, INC., Defendant-Appellee.
NOTE: This order is nonprecedential.
Appeal from the United States District Court for the Southern District of Texas in case no. 10-CV-1362, Judge Lynn n. Hughes.
ON MOTION
Before LOURIE, Circuit Judge.
ORDER
Accent Packaging, Inc. moves unopposed for the court to take judicial notice of United States Patent Application Publication 2012/0012013 (for application 13/220,798). Leggett & Platt moves unopposed for leave to file a surreply.
Application 13/220,798 ("the '798 application") was not published until after Accent filed its opening brief in this appeal. Accent addressed the '798 application in three pages of its reply brief. Leggett & Platt moves for leave to file a surreply for the limited purpose of addressing the arguments set forth in Accent's reply brief relating to the '798 application.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion for judicial notice is granted.
(2) The motion for leave to file a surreply is granted. Leggett & Platt's surreply brief, not to exceed three pages, is due 14 days from the date of this order.
FOR THE COURT
______________
Jan Horbaly Clerk
cc: Keith D. Jaasma, Esq.
Bart A. Starr, Esq.
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