Case: 14-1715 Document: 22 Page: 1 Filed: 10/06/2014

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

REMBRANDT VISION TECHNOLOGIES, L.P., Plaintiff-Appellant,

v.

JOHNSON & JOHNSON VISION CARE, INC., Defendant-Appellee. ______________________

2014-1715 ______________________

Appeal from the United States District Court for the Middle District of Florida in No. 3:11-cv-00819-TJC-JRK, Judge Timothy J. Corrigan. ______________________

ON MOTION ______________________

Before PROST, Chief Judge, DYK and MOORE, Circuit Judges. PROST, Chief Judge. ORDER Rembrandt Vision Technologies, L.P., moves without opposition to dismiss its appeal as premature. Rem- brandt Vision Technologies also moves without opposition for a 30-day extension of time to file its opening brief. Case: 14-1715 Document: 22 Page: 2 Filed: 10/06/2014

2 REMBRANDT VISION TECHNOLOGIES v. JOHNSON & JOHNSON VISION CARE

Rembrandt had moved in the district court to set aside an earlier judgment, pursuant to Fed. R. Civ. P. 60(b). On July 10, 2014, the district court entered an order regarding the motion and stated "[i]t is the Court’s intention to deny Plaintiff’s Motion to Set Aside the Judgment" after other matters concerning fees and costs are determined. Rembrandt filed a protective notice of appeal, and now asks this court to dismiss the appeal as premature because the pending motion and fees and costs has not yet been finally decided. We agree that the mat- ter remains pending before the district court. Accordingly, IT IS ORDERED THAT: (1) The motion to dismiss is granted. (2) The motion for an extension of time is denied as moot. (3) Each side shall bear its own costs. FOR THE COURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court

ISSUED AS A MANDATE: October 6, 2014 s25