Acoustic Technologies, Inc. v. Itron, Inc.

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

ACOUSTIC TECHNOLOGIES, INC.,
Plaintiff-Appellant,
V.
ITRON, INC.,
Defendant-Appellee.

2011-1315

Appeal from the United States District Court for the
District of Massachusetts in case no. 10-CV-10500, Judge
Nathaniel M. Gorton.

ON MOTION

Before LOURIE, MOORE, and REYNA, Circuit Judges.
LOURIE, Circuit Judge.

ORDER

The parties jointly move to remand this case to the
United States District Court for the District of Massachu-
setts.

Acoustic Technologies, Inc. (ATI) appeals the district
court's judgment that dismissed its complaint without

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prejudice. The district court held that ATI lacked stand-
ing to sue alone for patent infringement because it was
only a co-owner of the patent. The parties state that they
have now settled the case and requested an indicative
ruling from the district court, pursuant to Fed. R. Civ. P.
62.1, whether the district court would defer, deny, or
grant a motion to vacate the underlying judgment if the
case were remanded. The district court indicated pursu-
ant to Rule 62.1(a)(3) that it would grant the motion.

Upon consideration thereof,
IT IS ORDERED THAT:

(1) The motion is granted. The case is remanded to
the district court for further proceedings as may be ap-
propriate.

(2) Each side shall bear its own costs.

FOR THE COURT

SEP 0 6 2011

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Robert W. Hayes, Esq.
Ramsey M. Al-Salam, Esq.

s8

Issued As A Mandate:

SEP 06 2011

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

JAN HORBALY
CLERK