Bennett Marine, Inc. v. Lenco Marine, Inc., Richard Devito, Jr., and Rinker Boat Company

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
BENNETT MARINE, INC.,
Plaintiff-Appellee,
v.
LENCO MARINE, INC., RICHARD DEVITO, JR.,
AND RINKER BOAT COMPANY,
Defendants-Appellants,
AND
KIM SLOCUM,
Defendant.
__________________________
2013-1297
__________________________
Appeal from the United States District Court for the
Southern District of Florida in No. 04-CV-60326, Judge
Kenneth A. Marra.
__________________________
ON MOTION
__________________________
Before RADER, Chief Judge, L OURIE and T ARANTO, Circuit
Judges.
RADER , Chief Judge.
Case: 13-1297 Document: 20 Page: 1 Filed: 12/11/2013

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BENNETT MARINE, INC. V. LENCO MARINE, INC. 2
O R D E R
Lenco Marine, Inc., Richard Devito, Jr., and Rinker
Boat Company (collectively “Appellants”) respond to the
court’s June 5, 2013 order staying proceedings in this
appeal pending the final disposition of Bennett Marine,
Inc. v. Lenco Marine, Inc., No. 2012-1336, -1354 (the
“Related Appeals”). Appellants move unopposed to lift the
stay and request this appeal be summarily disposed of
consistent with the rulings of the panel in the Related
Appeal.
The Related Appeals are from the same district court
case. In the Related Appeals, on September 29, 2013 a
panel of this court reversed the district court’s finding of
infringement, including willful infringement. As a result,
the appellant asserts without opposition that there is no
longer any basis for the award of attorney fees and costs,
which is the issue raised by this appeal.
Upon consideration thereof,
I T I S O RDERED T HAT :
(1) The motion to lift proceedings in 2013-1297 is
granted.
(2) The motion for summary disposition is granted.
The district court’s fees and costs judgment is reversed.
(3) Each side shall bear its own costs in this appeal.
F OR T HE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s25
Case: 13-1297 Document: 20 Page: 2 Filed: 12/11/2013

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