Nore: This order is nonprecedential. Gnited States Court of Appeals
for the federal Circuit
AUTHENEX, INC.,
Plaintiff-Appellant,
Vv.
EMC CORPORATION,
Defendant-Appellee,
2011-1264 .
Appeal from the United States District Court for the Central District of California in case no. 10-CV-1251, Senior Judge Mariana R. Pfaelzer.
AUTHENEX, INC.,
Plaintiff-Appellant,
Vv.
EMC CORPORATION,
Defendant-Appeliee.
2011-1398
2AUTHENEX v. EMC CORP 2
Appeal from the United States District Court for the Central District of California in case no. 10-CV-1251, Senior Judge Mariana R. Pfaelzer.
Before NEWMAN, SCHALL, and Dyk, Circuit Judges.
ORDER
Authenex, Inc. responds to this court's order directing it to show cause why its appeal in 2011-1264 should not be dismissed as premature.
Appeal 2011-1264 was filed after the district court granted summary judgment of noninfringement but before the district court entered a final judgment or ruled on pending counterclaims of noninfringement and invalidity. Authenex states that the district court recéntly filed a final judgment resolving all claims in the case and Authenex filed another appeal, 2011-1398, seeking review of the final judgment.
Accordingly, IT Is ORDERED THAT: (1) Appeal 2011-1264 is dismissed as premature. (2) Authenex's opening brief in 2011-1398 is due within 30 days of the date of filing of this order.
For THE COURT Ju. 7 200 /sf Jan
Horbaly Date Jan Horbaly
Clerk
cc: Jeremy S. Pitcock, Esq.
Chris R. Ottenweller, Esq.
- * WS, countG FRPPEALS FOR
THE FEDERAL GIRCUIT
JUL 07 2011 JAN HORBALY