Nore: This order is nonprecedential. Gnited States Court of Appeals
for the Federal Circuit
CONCEPTUS, INC.,
Plaintiff-Cross Appellant,
Vv.
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.
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 remand, as those are mutually exclusive dispositions. We2 CONCEPTUS v. HOLOGIC 2 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 unnecessary.
Accordingly, Ir Is ORDERED THAT: (1) The motion to remand is granted. (2) The motion to dismiss is denied as unnecessary. (8) Each side shall bear its own costs.
For THE COURT JUL 12 2012 /s/ Jan Horbaly
Date Jan Horbaly,
Clerk
ce: Eric A. Shumsky, Esq.
Matthew M. Wolf, Esq. usa uFILED reaais FOR on
JUL 12 2012 Issued As A Mandate: JUL 12 2012 — JANC HLEORRKBALY