Midtronics, Inc. v. Aurora Performance Products LLC.

U.S. Court of Appeals for the Federal Circuit

Midtronics, Inc. v. Aurora Performance Products LLC.

Opinion

NOTE: This order is nonprecedential.

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MIDTRONICS, INC., Plaintiff-Appeal lee,

V.

AURORA PERFORMANCE PRODUCTS _LLC (DOING BUSINESS AS ARGUS ANALYZERS) AND

BPPOWER, INC., Defendants-Appellants.

2011-1589

Appeal from the United States District Court for the Northern District of Illinois in case no. OB-CV—3917, Judge Milton I. Shadur.

ON MOTION

Before LINN, Circuit Judge. 0 R D E R

BPPower, Inc. submits a motion for a stay of the re- call provision of a permanent injunction, revised on No- vember 8, 2011, that requires, inter alia, that the appellants recall accused products from end-users and that they offer cash refunds "to end-users in exchange for

MIDTRONICS V. AURORA PERFORMANCE 2

returning Accused Products to Defendants." BPPower also submits a motion to stay execution of the judgment insofar as it requires them to pay $1,265,000 in attorney fees, costs and prejudgment interest. BPPower also moves for "immediate action.”

Upon consideration thereof,

IT Is ORDERED THAT:

(1) Midtronics, Inc. is directed to respond to the mo- tions no later than December 14, 2011.

(2) The recall provision is temporarily stayed, pend- ing the court's receipt of Midtronics' response and the court's consideration of the papers submitted. Execution of the monetary judgment is also temporarily stayed, pending the court's consideration of the papers submitted.

(3) The motion for "immediate action" is denied.

FOR THE 000RT D g Isl Jan Horbal Date Jan Horbaly Clerk cc: James R. Burdett, Esq. FEEED Craig M. Scott, Esq. u'sififiwgggalpdglzhsrfm 88 D£C 09 2011 JAN HQRBALY

CLERK

Reference

Status
Unpublished