Opinion
2012-1052 Opposition no. 91185706
09-20-2012
TEMPUR-PEDIC MANAGEMENT, INC. AND DAN FOAM APS, Appellants, v. FKA DISTRIBUTING CO., Defendant-Appellee.
NOTE: This order is nonprecedential.
Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board.
Before BRYSON, MOORE and O'MALLEY, Circuit Judges. O'MALLEY, Circuit Judge.
ORDER
The parties jointly move to remand this case to the Trademark Trial and Appeal Board ("Board"), due to settlement.
The parties state that they have settled the case and move to remand so that the Board can consider a motion to vacate its decision. We grant the motion to the extent that we remand for the limited purpose of the Board's consideration of the parties' motions. Ohio Willow Wood Co. v. Thermo-Ply, Inc., 629 F.3d 1374, 1375 (Fed. Cir. 2011). We retain jurisdiction so that any of the parties may seek appellate review by notifying the clerk of the court within thirty days of entry of the Board's determination on remand. The appeal is held in abeyance pending the resolution of the motion by the Board. The parties should promptly inform this court of the Board's ruling on the motion and should propose how they believe the appeals should proceed in light of the Board's ruling.
In granting the motion, the Federal Circuit takes no position as to whether the Board should grant the motion for vacatur.
Upon consideration thereof,
IT IS ORDERED THAT:
The motion to remand is granted to the limited extent explained above. The court retains jurisdiction over the appeal at this time.
FOR THE COURT
___________
Jan Horbaly
Clerk
cc: Amy L. Vandamme., Esq.
Robert C.J. Tuttle, Esq.
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