NOTE: This order is nonprecedential. Gnuited States Court of Appeals
for the Federal Circuit
ACOUSTIC TECHNOLOGIES, INC.,
Plaintiff-Appellant, .
ve
ITRON, INC.,
Defendant-Appellee.
2011-1315
Appeal from the United States District Court for the District of Massachusetts in case no. 10-CV-10500, Judge Nathaniel M. Gorton.
ON MOTION
Before LOURIE, MOORE, and REYNA, Circuit Judges.
ORDER
The parties jointly move to remand this case to the United States District Court for the District of Massachusetts.
Acoustic Technologies, Inc. (ATI appeals the district court's judgment that dismissed its complaint without2 ACOUSTIC TECH v. ITRON 2 prejudice. The district court held that ATI lacked standing to sue alone for patent infringement because it was only a co-owner of the patent. 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, whether the district court would defer, deny, or grant a motion to vacate the underlying judgment if the case were remanded. The district court indicated pursuant to Rule 62.1(a)(3) that it would grant the motion.
Upon consideration thereof, It Is ORDERED THAT: (1) The motion is granted. The case is remanded to the district court for further proceedings as may be appropriate.
(2) Each side shall bear its own costs.
For THE COURT SEP 06 2011 /3/ Jan Horbaly
Date dan Horbaly
Clerk
ce: Robert W. Hayes, Esq.
Ramsey M. Al-Salam, Esq.
88 Iseued As A Mandate: _SEP 06 2011
oS. court +P peas FOR
THE FEDERAL CIRCUIT
SEP 06 2011 JAN HORBALY