B-Klighting, Inc. v. Fresno Valves & Castings, Inc.

# NOTE: This order is nonprecedential United States Court of Appeals for the Federal Circuit

B-K LIGHTING, INC.,
Plaintiff-Appellant,

V.
FRESNO VALVES & CASTINGS, INC.,
Defendant-Appellee.

2010-1135

Appeal from the United States District Court for the
Central District of California in case no. 06-CV-2825,
Judge Margaret M. Morrow.

## ON MOTION

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

## ORDER

B-K Lighting, Inc. (B-K) moves without opposition to
vacate the order of the United States District Court for
the Central District of California that granted the motion
of Fresno Valves & Castings, Inc. (Fresno Valves) for

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attorney fees, and to remand the matter for further pro-
ceedings.

In the order underlying this appeal, the district court
awarded Fresno Valves attorney fees pursuant to 28
U.S.C. § 285 on the basis that it was the prevailing party
below. We stayed proceedings in this appeal pending
disposition of No. 2008-1537, B-K's earlier appeal from
the district court's order granting summary judgment on
the merits.

On April 28, 2010, this court issued its decision in the
earlier appeal, vacating the district court's grant of sum-
mary judgment with respect to some of the asserted
patent claims and remanding to the district court for
further proceedings. So that the district court may have
the opportunity to consider the appropriateness of attor-
ney fees in light of these subsequent developments, we
vacate the court's order awarding attorney fees and
remand the case for further proceedings as may be appro-
priate.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The motion is granted.

(2) Each side shall bear its own costs.

FOR THE COURT

JUL 02 2010

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

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

JAN HORBALY
CLERK

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cc: Steven E. Shapiro, Esq.
Duane H. Mathiowetz, Esq.
s19

ISSUED AS A MANDATE:

JUL 02 2010