RES Dev. Corp. v. Momentive Performance Materials, Inc.

Full title: RES DEVELOPMENT CORPORATION, Plaintiff-Appellant, v. MOMENTIVE PERFORMANCE…

Court: United States Court of Appeals for the Federal Circuit

Date published: Jul 18, 2013

2013-1008 (Fed. Cir. Jul. 18, 2013)

Opinion

2013-1008

07-18-2013

RES DEVELOPMENT CORPORATION, Plaintiff-Appellant, v. MOMENTIVE PERFORMANCE MATERIALS, INC., Defendant-Appellee.

PROST

NOTE: This order is nonprecedential.

Appeal from the United States District Court for the Middle District of Florida in No. 09-CV-0491, Judge Timothy J. Corrigan.

ON MOTION

Before DYK, PROST and O'MALLEY, Circuit Judges. PROST, Circuit Judge.

ORDER

The parties jointly move to remand this case to the United States District Court for the Middle District of Florida.

RES Development Corporation appeals from the district court's grant of summary judgment that the patent in suit was invalid. The parties state that they have now settled the case and requested an indicative ruling from the district court, pursuant to Fed. R. Civ. P. 62.1, whether the district court would defer, deny, or grant a motion to vacate the underlying judgment if the case were remanded. The district court indicated pursuant to Rule 62.1(a)(3) that it would grant the motion.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The motion is granted. The case is remanded to the district court for further proceedings as may be appropriate.

(2) Each side shall bear its own costs.

FOR THE COURT

____________________

Daniel E. O'Toole

Clerk
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