Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

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Fed. Cir.

Huawei Technologies Co., Ltd. v. Samsung Electronics Co., Ltd., No. 18-1979 (Fed. Cir. Mar. 15, 2019)

Granted in Part
Court
U.S. Court of Appeals for the Federal Circuit
Case No.
No. 18-1979
Decided
March 15, 2019
Judge
Per curiam
Document
Order on Motion
Length
2 pages

NOTE: This order is nonprecedential. United States Court of Appeals

for the Federal Circuit

HUAWEI TECHNOLOGIES CO., LTD., HUAWEI

DEVICE USA, INC., HUAWEI TECHNOLOGIES

USA, INC.,

Plaintiffs / Counterclaim Defendants-Appellants

HISILICON TECHNOLOGIES CO., LTD.,

Counterclaim Defendant

v.

SAMSUNG ELECTRONICS CO., LTD., SAMSUNG

ELECTRONICS AMERICA INC.,

Defendants / Counterclaimants-Appellee SAMSUNG RESEARCH AMERICA,

Defendant-Appellee

2018-1979

Appeal from the U.S. District Court for the Northern District of California, No. 3:16-cv-02787-WHO, Judge William H. Orrick, III.

ON MOTION

22 HUAWEI TECHS. CO., LTD. V. SAMSUNG ELECS. CO., LTD.

Before PROST, Chief Judge, O’MALLEY and HUGHES, Cir-

cuit Judges.

O R D E R

The appellants, Huawei Technologies Co., Ltd., Huawei Device USA, Inc., and Huawei Technologies USA, Inc., have moved to dismiss this appeal and remand the case to the district court. The appellees, Samsung Electronics Co., Ltd., Samsung Electronics America Inc., and Samsung Research America, do not oppose the motion. The motion is granted, in part.

The case is remanded to the district court for the limited purpose of considering Huawei’s motion for vacatur. This court takes no position regarding the merits of that motion.

The appeal will be held in abeyance pending the resolution of the motion for vacatur by the district court. Pursuant to FRAP 12.1(b), the parties are directed to notify the Clerk of the Court within fourteen days of entry of the district court’s decision regarding the motion for vacatur.

FOR THE COURT

March 15, 2019 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court

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Cite this opinion

Huawei Technologies Co., Ltd. v. Samsung Electronics Co., Ltd., No. 18-1979 (Fed. Cir. Mar. 15, 2019).

Record ID
CAFC-18-1979-20190315
Permalink
https://patentcasewatch.com/opinions/CAFC-18-1979-20190315

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