Seed Research Equipment Solutions, LLC v. GARY W. CLEM, INC. (doing business as ALMACO)

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
SEED RESEARCH EQUIPMENT SOLUTIONS, LLC,
Plaintiff-Appellee,
v.
GARY W. CLEM, INC.
(doing business as ALMACO),
Defendant-Appellant.
__________________________
2013-1310
__________________________
Appeal from the United States District Court for the
District of Kansas in No. 09-CV-1282, Judge Eric F.
Melgren.
__________________________
ON MOTION
__________________________
Before D YK, M OORE, and T ARANTO, Circuit Judges.
D YK, Circuit Judge.
O R D E R
The parties jointly move to remand this case to the
United States District Court for the District of
Kansas due to settlement.
Case: 13-1310 Document: 31 Page: 1 Filed: 10/03/2013

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SEED RESEARCH EQUIPMENT v. GARY W . CLEM , INC. 2
Gary W. Clem, Inc. appeals from the district court’s
grant of summary judgment that the patent was invalid.
The parties have stated 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 dis-
trict 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.
We grant the motion to the extent that we remand for
the limited purpose of the district court’s consideration of
the parties’ motions. See Ohio Willow Wood Co. v. Ther-
mo-Ply, Inc., 629 F.3d 1374, 1375 (Fed. Cir. 2011). In
granting this motion, this court takes no position on the
propriety or necessity of vacatur, leaving it to the district
court to apply the principles enunciated in U.S. Bancorp
Mortg. Co. v. Bonner Mall P’ship, 513 U.S. 18, 29 (1994).
Accordingly,
I T I S O RDERED T HAT :
(1) The motion is granted. The case is remanded to
the district court for further proceedings consistent with
this order.
(2) Each side shall bear its own costs.
F OR T HE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
s26
ISSUED AS A MANDATE: October 3, 2013
Case: 13-1310 Document: 31 Page: 2 Filed: 10/03/2013

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