Res Development Corporation v. Momentive Performance Materials, Inc.

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
RES DEVELOPMENT CORPORATION,
Plaintiff-Appellant,
v.
MOMENTIVE PERFORMANCE MATERIALS, INC.,
Defendant-Appellee.
__________________________
2013-1008
__________________________
Appeal from the United States District Court for the
Middle District of Florida in No. 09-CV-0491, Judge
Timothy J. Corrigan.
__________________________
ON MOTION
__________________________
Before D YK, P ROST and O’MALLEY , Circuit Judges.
P ROST , Circuit Judge.
O R D E R
The parties jointly move to remand this case to the
United States District Court for the Middle District of
Florida.
RES Development Corporation appeals from the dis-
trict court’s grant of summary judgment that the patent
Case: 13-1008 Document: 40 Page: 1 Filed: 07/18/2013

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RES DEVELOPMENT CORPORATION v. MOMENTIVE
PERFORMANCE MATERIAL
2
in suit was invalid. 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, wheth-
er the district court would defer, deny, or grant a motion
to vacate the underlying judgment if the case were re-
manded. The district court indicated pursuant to Rule
62.1(a)(3) that it would grant the motion.
Upon consideration thereof,
I T I S O RDERED T HAT :
(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.
F OR T HE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
s26
ISSUED AS A MANDATE: July 18, 2013
Case: 13-1008 Document: 40 Page: 2 Filed: 07/18/2013

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