Biopolymer Engineering, Inc. (doing Business As Biothera) v. Immunocorp and Biotec Pharmacon Asa

# NOTE: This order is nonprecedential.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

BIOPOLYMER ENGINEERING, INC. (DOING
BUSINESS AS BIOTHERA),
Plaintiff-Appellant,
AND
MASSACHUSETTS INSTITUTE OF TECHNOLOGY,
Plaintiff,
v.
IMMUNOCORP AND BIOTEC PHARMACON ASA,
Defendants.

2010-1096

Appeal from the United States District Court for the
District of Minnesota in case no. 05-CV-0536, Judge Joan
M. Ericksen.

Before RADER, Chief Judge, BRYSON and MOORE, Circuit
Judges.
.

RADER, Chief Judge.

ORDER

Biopolymer Engineering, Inc. (Biothera) submits a
combined petition for panel rehearing and rehearing en

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banc with respect to the court's August 2, 2010 order
dismissing its appeal as moot .*

The court dismissed the appeal as moot because it ap-
peared that a settlement agreement resolved all claims
between the parties. Biothera asserts that the settlement
agreement does not resolve claims with respect to all of
the products that it accused of infringing United States
Patent No. 5,702,719 and thus the appeal is not moot.
The court agrees that under these circumstances the
appeal is not moot.

Accordingly,

IT IS ORDERED THAT:

(1) The petition for panel rehearing is granted. The
court's August 2, 2010 order dismissing this case is va-
cated and the case is reinstated.

(2) Biothera's brief is due within 30 days of the date
of filing of this order.

FOR THE COURT

OCT 2 1 2010

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: Darren B. Schwiebert, Esq.
Susan A. Cahoon, Esq.

s17

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
OCT 2 1 2010

JAN HORBALY
CLERK

\* The court did not request an answer because Bio-
thera is the only party participating in this appeal.