Ninestar Tech. Co., Ltd. v. International Trade Commission

NOTE: This order is nonprecedential

United States Court of Appeals for the Federal Circuit

NINESTAR TECHNOLOGY CO., LTD.,

NINESTAR TECHNOLOGY COMPANY, LTD.,

AN1) TOWN SKY, INC.,

Appellants,

V. ,

INTERNATIONAL TRADE COMMISSION,

Appellee, _ and

EPSON PORTLAND INC., EPSON AMERICA, INC., AND SEIKO EPSON CORPORATION,

Interven.0rs.

2009-1549

On appeal from the United States Internati0na1Trade C0mmissi0n in Ir1vestigati0n N0. 337-TA-565.

ON MOTION

Bef0re PROST, Circu,it Judge.

0 R D E R

NINESTAR TECHNOLOGY V. ITC 2

The International Trade Commission moves to lift the stay of proceedings. Town Sky, Inc. opposes. Intervenors submit a status report.

On 1\/lay 12, 2010 this court stayed all proceedings pursuant to the automatic stay proceedings provision of 11 U.S.C. § 362. The ITC and intervenors inform the court that on Ju1y 16, 2010 the United States Bankruptcy Court for the Northern District of California lifted the automatic Stay.

In light of the Bankruptcy Comt’s order, the ITC requests that we lift the stay of proceedings in this appeal. Town Sky’ s short response fails to persuade the court that the stay should remain in effect We therefore grant the motion and lift the stay of proceedings Accordingly,

IT ls ORDERED THAT: (1) The motion to lift the stay of proceedings is granted. (2) The appellants reply brief is due within 14 days from the date of filing of this order, FoR THE CoURT

SEP 2 4 2010 /s/ J an Horbaly

Date J an Horb aly

Clerk cc: Edward F. O’Conn0r, Esq.

Michael K. Haldenstein, Esq.

Har01d A. Barza, Esq.

SEP 24 2010

1muoaoALv cum