Authenex, Inc. v. Emc Corporation

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

AUTHENEX, INC.,
Plaintiff-Appellant,
v.
EMC CORPORATION,
Defendant-Appellee.

2011-1264

Appeal from the United States District Court for the
Central District of California in case no. 10-CV-1251,
Senior Judge Mariana R. Pfaelzer.

AUTHENEX, INC.,
Plaintiff-Appellant,
v.
EMC CORPORATION,
Defendant-Appellee.

2011-1398

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Appeal from the United States District Court for the
Central District of California in case no. 10-CV-1251,
Senior Judge Mariana R. Pfaelzer.

Before NEWMAN, SCHALL, and DYK, Circuit Judges.
PER CURIAM.

## ORDER

Authenex, Inc. responds to this court's order directing
it to show cause why its appeal in 2011-1264 should not
be dismissed as premature.

Appeal 2011-1264 was filed after the district court
granted summary judgment of noninfringement but
before the district court entered a final judgment or ruled
on pending counterclaims of noninfringement and invalid-
ity. Authenex states that the district court recently filed
a final judgment resolving all claims in the case and
Authenex filed another appeal, 2011-1398, seeking review
of the final judgment.

Accordingly,

IT IS ORDERED THAT:

(1) Appeal 2011-1264 is dismissed as premature.

(2) Authenex's opening brief in 2011-1398 is due
within 30 days of the date of filing of this order.

FOR THE COURT

JUL 7 2011

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Jeremy S. Pitcock, Esq.
Chris R. Ottenweller, Esq.

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
JUL 0 7 2011

JAN HORBALY
CLERK