Innovative Patents, LLC and Forcefield, LLC v. Brain-Pad, Inc.

2010-1531Court of Appeals for the Federal CircuitApr 6, 2011

Full text

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

INNOVATIVE PATENTS, LLC AND FORCEFIELD,
LLC,
Plaintiffs-Appellants,
V.
BRAIN-PAD, INC.,
Defendant-Appellee.

2010-1531

Appeal from the United States District Court for the
District of Delaware in case no. 07-CV-0680, Magistrate
Judge Mary Patricia Thynge.

ON MOTION

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

BRYSON, Circuit Judge.

ORDER

Brain-Pad, Inc. moves to dismiss Innovative Patents,
LLC and Forcefield, LLC (Innovative)'s appeal for failure
to prosecute. Innovative has failed to respond.

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After missing their initial deadline to file an entry of
appearance, certificate of interest, and docketing state-
ment, this court directed Innovative to file those items by
October 12, 2010. Innovative has still failed to comply
with that directive. Innovative has also failed to file its
initial brief. Failure to comply with the court's rules,
including the requirements for preparing and filing briefs
and other papers may result in dismissal of an appeal for
failure to prosecute. See Julien v. Zeringue, 864 F.2d
1572, 1574 (Fed. Cir. 1989).

Accordingly,
IT IS ORDERED THAT:
The motion to dismiss is granted.

APR 0 6 2011

FOR THE COURT /s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Jeffrey K. Martin, Esq.
John C. Connell, Esq.
s19

Issued As A Mandate:

APR 0 6 2011

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
APR 0 6 2011

JAN HORBALY
CLERK

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