Interactive Health, LLC (now Known As Human Touch, LLC) v. KING KONG USA, INC., AMERICAN LIGHTING INDUSTRY, INC., and BERNARD KOAY

# NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit

INTERACTIVE HEALTH, LLC (NOW KNOWN AS
HUMAN TOUCH, LLC) and DAITO DENKI KOGYU
K.K. (DOING BUSINESS AS DAITO ELECTRIC
MACHINE INDUSTRY COMPANY, LTD.),
Plaintiffs-Appellants,
v.

KING KONG USA, INC., AMERICAN LIGHTING
INDUSTRY, INC., and BERNARD KOAY,
Defendants-Cross Appellants,
and
WFO IMPORTS LLC,
Defendant-Cross Appellant,
and
BLAIR HAYES,
Defendant-Appellee,
and
HEALTHFIRST LLC,
Defendant.

2009-1141, -1155, -1401

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Appeals from the United States District Court for the
Central District of California in case no. 06-CV-1902,
Judge Valerie Baker Fairbank.

## ON MOTION

Before NEWMAN, SCHALL, and PROST, Circuit Judges.
NEWMAN, Circuit Judge.

## ORDER

The parties move jointly to dismiss and to remand to
the United States District Court for the Central District
of California due to settlement.

The parties state that the settlement agreement con-
templates the vacatur of certain district court orders and
amendment of the judgment and that they "are presently
filing a joint motion with the District Court for such
vacatur and amendment." The parties request that the
court remand the case to the district court with instruc-
tions to consider their motion.

The court cannot both dismiss and remand the ap-
peal. Because the parties indicate that they seek further
proceedings in the district court, the court remands to
allow such proceedings as the district court deems proper.

Accordingly,

IT IS ORDERED THAT:

(1) The motion to dismiss is denied.

(2) The motion to remand is granted.

(3) Each side shall bear its own costs.

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FOR THE COURT

JUL 02 2010

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: Leslie F. Vandale, Esq.
Peter J. Korneffel, Jr., Esq.
David A. Dillard, Esq.

s17

ISSUED AS A MANDATE: 0 0 2 2010

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
JUL 02 2010

JAN HORBALY
CLERK