Opinion
No. 2010-5138.
September 9, 2010.
Appeal from the United States Court of Federal Claims in case no. 06-CV-472, Judge Thomas C. Wheeler.
Gary J. Campbell, McCarter English, LLP, Boston, MA, for Defendant-Appellee.
David W. Denenberg, Davidoff Malito Hutcher LLP, New York, NY, Erica A. Franklin, Department of Justice, Washington, DC, for Plaintiff-Appellant.
Before LOURIE, Circuit Judge.
ON MOTION ORDER
TDM America, LLC (TDM) moves without opposition to stay the briefing schedule in this appeal pending reexamination of U.S. Patent Nos. 5,542, 614 and 5,794, 862 by the United States Patent and Trademark Office.
Upon consideration thereof,
It Is Ordered That:
(1) The motion to stay the briefing schedule is granted. TDM is directed to inform the court within 21 days of a final decision concerning reexamination how it believes this appeal should proceed. The United States may also respond within that time.
(2) The motion for an extension of time is moot.
(3) The revised official caption is reflected above.