NOTE: This order is nonprecedential. United States Court of Appeals
for the Federal Circuit
CARNEGIE INSTITUTION OF WASHINGTON, M7D
CORPORATION,
Plaintiffs-Appellants
v.
FENIX DIAMONDS LLC,
Defendant-Cross-Appellant
2021-2249, 2021-2315
Appeals from the United States District Court for the Southern District of New York in No. 1:20-cv-00200-JSR, Judge Jed S. Rakoff.
ON MOTION
Before DYK, PROST, and STARK, Circuit Judges.
O R D E R
Appellants move unopposed to voluntarily dismiss these appeals pursuant to Federal Rule of Appellate Procedure 42(b) and request remand to the United States2 2 CARNEGIE INSTITUTION OF WASHINGTON v. FENIX
DIAMONDS LLC District Court for the Southern District of New York for further proceedings. We find remand unnecessary here. Upon return of the appellate mandate, the district court may act on matters left open by the mandate. Laitram Corp. v. NEC Corp., 115 F.3d 947, 951 (Fed. Cir. 1997) (citation omitted).
Accordingly, IT IS ORDERED THAT:
(1) The motion is granted to the extent that the appeals are dismissed and the mandate issued forthwith. (2) Each party shall bear its own costs for these appeals.
FOR THE COURT
September 5, 2023 /s/ Jarrett B. Perlow Date Jarrett B. Perlow
Clerk of Court
cc: United States District Court for the Southern District of New York ISSUED AS A MANDATE: September 5, 2023