Case: 13-1008 Document: 40 Page: 1 Filed: 07/18/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________

RES DEVELOPMENT CORPORATION, Plaintiff-Appellant, v. MOMENTIVE PERFORMANCE MATERIALS, INC., Defendant-Appellee. __________________________

2013-1008 __________________________

Appeal from the United States District Court for the Middle District of Florida in No. 09-CV-0491, Judge Timothy J. Corrigan. __________________________

ON MOTION __________________________

Before DYK, PROST and O’MALLEY, Circuit Judges. PROST, Circuit Judge. ORDER The parties jointly move to remand this case to the United States District Court for the Middle District of Florida. RES Development Corporation appeals from the dis- trict court’s grant of summary judgment that the patent Case: 13-1008 Document: 40 Page: 2 Filed: 07/18/2013

RES DEVELOPMENT CORPORATION v. MOMENTIVE 2 PERFORMANCE MATERIAL in suit was invalid. The parties state that they have now settled the case and requested an indicative ruling from the district court, pursuant to Fed. R. Civ. P. 62.1, wheth- er the district court would defer, deny, or grant a motion to vacate the underlying judgment if the case were re- manded. The district court indicated pursuant to Rule 62.1(a)(3) that it would grant the motion. Upon consideration thereof, IT IS ORDERED THAT: (1) The motion is granted. The case is remanded to the district court for further proceedings as may be ap- propriate. (2) Each side shall bear its own costs.

FOR THE COURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk s26 ISSUED AS A MANDATE: July 18, 2013