Disney Enterprises, Inc. v. Teresa Stanek Rea, Acting Director, United States Patent and Trademark Office

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
DISNEY ENTERPRISES, INC.,
Plaintiff-Appellant,
v.
TERESA STANEK REA, ACTING DIRECTOR,
UNITED STATES PATENT AND TRADEMARK
OFFICE,
Defendant-Appellee.
______________________
2013-1540
______________________
Appeal from the United States District Court for the
Eastern District of Virginia in No. 12-CV-0687, Judge
Leonie M. Brinkema.
______________________
ON MOTION
______________________
Before M OORE, L INN, and O’MALLEY , Circuit Judges.
L INN, Circuit Judge.
O R D E R
The parties jointly move to remand this case to the
United States District Court for the Eastern District of
Virginia due to settlement.
Case: 13-1540 Document: 25 Page: 1 Filed: 12/20/2013

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DISNEY ENTERPRISES, INC. v. REA 2
Pursuant to the settlement agreement, the parties
move to remand the appeal to the district court. The
parties also ask that we instruct the district court to
remand U.S. application no. 09/970,772 (“the ‘772 applica-
tion”) to the United States Patent and Trademark Office
to enable Disney Enterprises, Inc. to file a request for
continued examination of the ‘772 application and to
consider amended claims and new evidence consistent
with the April 11, 2013 and June 3, 2013 decisions of the
district court. The parties state that the proposed remand
leaves intact the district court’s determination that Dis-
ney is not entitled to a reissue patent for claims 1-22, 90-
119, 123-130, 132-143, and 145-146 in the ‘772 applica-
tion.
We grant the motion to the extent that we remand to
permit the parties to file a motion with the district court
to remand to the Patent Office.
Upon consideration thereof,
I T I S O RDERED T HAT :
(1) The motion to remand is granted to the extent ex-
plained above.
(2) Pursuant to the parties' agreement, Disney shall
pay the expenses of the proceeding, totaling $91,609. Of
that $91,609, Disney shall pay $84,928.20 to the United
States Patent and Trademark Office and $6,680.80 to the
Department of Justice.
F OR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s25
ISSUED AS A MANDATE: December 20, 2013
Case: 13-1540 Document: 25 Page: 2 Filed: 12/20/2013

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