Biopolymer Engineering, Inc. v. Immunocorp

NOTE: ThiS order is nonprecedential

United States Court of Appeals for the FederaI Circuit

BIOPOLYMER ENGINEERING, INC. (D01NG

BUs1NEss As B10'1‘HERA),

Plain,tiff-Appellant,

AND

MASSACHUSETTS INSTITUTE OF TECHNOLOGY, Plaintiff,

V.

IMMUNOCORP AND BIOTEC PHARMACON ASA,

Defendc1nts.

2010-1096

Appea1 from the United StateS DiStrict C0urt for the District of Minnes0ta in case n0. 05-CV-0536, Judge J0an M. Ericksen.

Before RADER, Chief Judge, BRYSON and MO0RE, Circuit Judges.

RADER, chief Judge. '

0RDER

Bi0p01ymer Engineering, Inc. (Bi0thera) submits a combined petition for panel rehearing and rehearing en BlOPOLYMER V. IMMUNOCORP 2 banc with respect to the court’s August 2, 2010 order dismissing its appeal as rnoot."

The court dismissed the appeal as moot because it ap- peared that a settlement agreement resolved all claims between the parties Biothera asserts that the settlement agreement does not resolve claims with respect to all of the products that it accused of infringing United States Patent No. 5,702,719 and thus the appeal is not moot The court agrees that under these circumstances the appeal is not moot

Accordingly, lT lS ORDERED TH.ATZ z (1) The petition for panel rehearing is granted. The courts August 2, 2010 order dismissing this case is va- cated and the case is reinstated (2) Biothera’s brief is due within 30 days of the date of filing of this order.

FOR TI~IE COURT

UCT 2 1 2010 /s/ J an Horbaly

Date J an Horbaly

Clerk cc: Darren B. Schwiebert, Esq. Eo

Susan A. Cahoon, Esq. U.S._ COUR'F§SAPgEALS FOR Tl'lE FED L |RCUlT s17

0OT 21 2010 .|AN HORBALY

CLERK * The court did not request an answer because Bio- thera is the only party participating in this appeal.