Conceptus, Inc. v. Hologic, Inc.

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# United States Court of Appeals for the Federal Circuit

CONCEPTUS, INC.,
Plaintiff-Cross Appellant,
v.
HOLOGIC, INC.,
Defendant-Appellant.

2012-1209, -1219

Appeals from the United States District Court for the
Northern District of California in case no. 09-CV-2280,
Judge William H. Alsup.

## ON MOTION

Before NEWMAN, LOURIE and O'MALLEY, Circuit Judges.
PER CURIAM.

## ORDER

The parties jointly move to dismiss their appeals and
to remand to the United States District Court for the
Northern District of California due to settlement.

We cannot both dismiss the entire appeal and re-
mand, as those are mutually exclusive dispositions. We

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understand that the parties seek a remand so that the
district court can consider further proceedings pursuant
to their settlement agreement. Thus, we grant the motion
to remand and deny the motion to dismiss as unneces-
sary.

Accordingly,

IT IS ORDERED THAT:

(1) The motion to remand is granted.

(2) The motion to dismiss is denied as unnecessary.

(3) Each side shall bear its own costs.

FOR THE COURT

JUL 12 2012

Date

/s/ Jan Horbaly
Jan Horbaly.
Clerk

cc: Eric A. Shumsky, Esq.
Matthew M. Wolf, Esq.

s25

Issued As A Mandate:

JUL 12 2012

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
JUL 12 2012
JAN HORBALY
CLERK