Note: This order is nonprecedential. Gnited States Court of Appeals
for the federal Circuit
BIOPOLYMER ENGINEERING, INC, (DOING
BUSINESS AS BIOTHERA),
Plaintiff-Appellant,
AND
MASSACHUSETTS INSTITUTE OF TECHNOLOGY,
Plaintiff,
Vv.
IMMUNOCORP AnD BIOTEC PHARMACON ASA,
Defendants.
2010-1096
Appeal from the United States District Court for the District of Minnesota in case no. 05-CV-0536, Judge Joan M. Ericksen.
Before RADER, Chief Judge, BRYSON and MOORE, Circuit
Judges.
ORDER
Biopolymer Engineering, Inc. (Biothera) submits a combined petition for panel rehearing and rehearing en2 BIOPOLYMER v. IMMUNOCORP 2
banc with respect to the court’s August 2, 2010 order dismissing its appeal as moot.“
The court dismissed the appeal as moot because it appeared that a settlement agreement resolved all claims between the parties. Biothera asserts that the settlement agreement does not resolve claims with respect to all of the products that it accused of infringing United States Patent No. 5,702,719 and thus the appeal is not moot. The court agrees that under these circumstances the appeal is not moot.
Accordingly, Iv Is ORDERED THAT: (1) The petition for panel rehearing is granted. The court’s August 2, 2010 order dismissing this case is vacated and the case is reinstated.
(2) Biothera’s brief is due within 30 days of the date of filing of this order.
For THE CouRT OCT 2 1 2010 /s/ Jan Horbal
Date Jan Horbaly
Clerk
ce: Darren B. Schwiebert, Esq.
Susan A. Cahoon, Esq. US. court Ue EALS FOR
THE FE L CIRCUIT
817
OCT 2 1 2010
JAN HORBALY
CLERK
- * The court did not request an answer because Biothera is the only party participating in this appeal.