The AI workspace for legal professionals
- Legal research with access to more than 1 million sources
- Document automation
- Matter management
- Hosted in the EU and Switzerland
Try it free for 14 days (10 questions/day during trial)
The AI workspace for legal professionals
Try it free for 14 days (10 questions/day during trial)
09-56061•In the Matter of: INTERNATIONAL NORCENT TECHNOLOGY, a California corporation doing… v. Norcent Holdings, Inc.; International Norcent Technology, Inc.
09-56061Court of Appeals for the Ninth CircuitFeb 23, 2011
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In the Matter of: INTERNATIONAL
NORCENT TECHNOLOGY, a California
corporation doing business as Norcent
Technology, Inc.,
Debtor.
U.S. PHILIPS CORPORATION, a
Delaware corporation,
Plaintiff - Appellee,
v.
NORCENT HOLDINGS, INC.;
INTERNATIONAL NORCENT
TECHNOLOGY, INC.,
Defendants,
DAVID L. RAY,
Trustee.
FEDERAL DEPOSIT INSURANCE
CORPORATION,
Receiver - Appellant.
No. 09-56061
D.C. No. 2:08-cv-01316-GHK
MEMORANDUM*
FILED
FEB 23 2011
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
-- 1 of 3 --
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable Thomas S. Zilly, Senior United States District Judge
for the Western District of Washington, sitting by designation.
09-56061 2
Appeal from the United States District Court
for the Central District of California
George H. King, District Judge, Presiding
Submitted February 18, 2011 **
Pasadena, California
Before: KLEINFELD and GRABER, Circuit Judges, and ZILLY, Senior District
Judge.***
The appeal in this case is dismissed as moot, and the decision of the district
court entered in June 2009 is vacated, in light of the satisfaction of judgment filed
by appellee U.S. Philips Corporation in the related patent infringement case in
March 2009.
Appellee’s theories for how a “case or controversy” still existed after its
settlement with Jennifer Long are unavailing. The settlement extinguished
appellee’s lien rights with respect to Ms. Long’s property, rendering moot the issue
of appellee’s and appellant’s relative priorities, which was the subject of the appeal
to the district court.
-- 2 of 3 --
09-56061 3
This matter is remanded to the district court with instructions to dismiss the
bankruptcy appeal as moot.
The parties shall bear their own costs on appeal.
DISMISSED, VACATED, and REMANDED.
-- 3 of 3 --
Connect Omnilex to search the legal corpus from your AI assistant.