NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

CONCEPTUS, INC., Plaintiff-Cross Appellant,

V.

HOLOGIC, INC., Defendant-Appellant.

2012-1209, -1219 -

Appeals from the United States District Court for the Northern District of California in case no. 09-CV-2280, Judge William H. Alsup.

ON MOTION

Befcre NEWMAN, LOURIE and O’MALLEY, Circuit Ju,dges. PER CURIAM. 0 R D E R

The parties jointly move to dismiss their appeals and to remand to the United States District Court for the Northern District of California due to settlement.

We cannot both dismiss the entire appeal and re- mand, as those are mutually exclusive dispositions We

CONCEPTUS V. HOLOGIC 2

understand that the parties seek a remand so that the district court can consider further proceedings pursuant to their settlement agreement 'l`hus, we grant the motion to remand and deny the motion to dismiss as unneces- sary.

Accordingly,

IT Is ORDERED THAT:

(1) The motion to remand is granted

(2) The motion to dismiss is denied as unnecessary

(3) Each side shall bear its own costs.

Foa THE CoURT

Jul- 1 2 2012 )'s/ Jan Horbaly Date J an Horbaly_ Clerk cc: Eric A. Shurnsky, Esq. 325 Matthew M. Wolf, Esq. U'S.r:-,GR JUL l 2 2012

Issued As A Mandate: 1 2 2012 JAN HOBBAW

CLERK