Hal Greene v. Timothy Pitka

# NOTE: This order is nonprecedential.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

HAL GREENE,
Appellant,
V.
TIMOTHY PITKA,
Appellee.

2012-1277
(Cancellation No. 92054391)

Appeal from the United States Patent and Trademark
Office, Trademark Trial and Appeal Board.

## ON MOTION

Before NEWMAN, LOURIE and O'MALLEY, Circuit Judges.
NEWMAN, Circuit Judge.

## ORDER

Hal Greene moves without opposition to remand to
the Trademark Trial and Appeal Board (Board) for fur-
ther proceedings and to dismiss the appeal.

The court cannot both dismiss the entire appeal and
remand, as those are mutually exclusive dispositions. We

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understand that Greene seeks a remand so that the Board
can rule on his motion for relief from final judgment,
which the Board has indicated it will grant if the case is
remanded.

Accordingly,

IT IS ORDERED THAT:

(1) The motion to remand is granted.

(2) The motion to dismiss is denied as unnecessary.

(3) All pending motions are moot.

(4) Each side shall bear its own costs.

FOR THE COURT

JUN 2 1 2012

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: Amber N. Davis, Esq.
Keith A. Barritt, Esq.

s24

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
JUN 2 1 2012
JAN HORBALY
CLERK