Conceptus, Inc. v. Hologic, Inc.

Full title: CONCEPTUS, INC., Plaintiff-Cross Appellant, v. HOLOGIC, INC.…

Court: United States Court of Appeals for the Federal Circuit

Date published: Jul 12, 2012

2012-1209 (Fed. Cir. Jul. 12, 2012)

Opinion

2012-1209 2012-1219

07-12-2012

CONCEPTUS, INC., Plaintiff-Cross Appellant, v. HOLOGIC, INC., Defendant-Appellant.

PER CURIAM

NOTE: This order is nonprecedential.

Appeals from the United States District Court for the Northern District of California in case no. 09-CV-2280, Judge William H. Alsup.

ON MOTION

Before NEWMAN, LOURIE and O'MALLEY, Circuit Judges. PER CURIAM.

ORDER

The parties jointly move to dismiss their appeals and to remand to the United States District Court for the Northern District of California due to settlement.

We cannot both dismiss the entire appeal and remand, as those are mutually exclusive dispositions. We understand that the parties seek a remand so that the district court can consider further proceedings pursuant to their settlement agreement. Thus, we grant the motion to remand and deny the motion to dismiss as unnecessary.

Accordingly,

IT IS ORDERED THAT:

(1) The motion to remand is granted.

(2) The motion to dismiss is denied as unnecessary.

(3) Each side shall bear its own costs.

FOR THE COURT

_________________

Jan Horbaly

Clerk
cc: Eric A. Shumsky, Esq.

Matthew M. Wolf, Esq.
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