Cao Lighting, Inc. v. Feit Electric Company, Inc.

U.S. Court of Appeals for the Federal Circuit

Cao Lighting, Inc. v. Feit Electric Company, Inc.

Opinion

Case: 23-1906    Document: 25      Page: 1   Filed: 10/06/2023




           NOTE: This order is nonprecedential.


   United States Court of Appeals
       for the Federal Circuit
                  ______________________

                  CAO LIGHTING, INC.,
                    Plaintiff-Appellant

                              v.

           FEIT ELECTRIC COMPANY, INC.,
                   Defendant-Appellee
                 ______________________

                        2023-1906
                  ______________________

    Appeal from the United States District Court for the
 Central District of California in No. 2:20-cv-04926-AB-SP,
 Judge Andre Birotte, Jr.
            -------------------------------------------------

                  CAO LIGHTING, INC.,
                    Plaintiff-Appellee

                              v.

           FEIT ELECTRIC COMPANY, INC.,
                  Defendant-Appellant
                 ______________________

                        2023-1908
                  ______________________
Case: 23-1906     Document: 25     Page: 2    Filed: 10/06/2023




 2          CAO LIGHTING, INC. v. FEIT ELECTRIC COMPANY, INC.




    Appeal from the United States District Court for the
 Central District of California in No. 2:20-cv-04926-AB-SP,
 Judge Andre Birotte, Jr.
                   ______________________

                       ON MOTION
                   ______________________

ORDER

     The parties submit a joint stipulation to dismiss Ap-
 peal No. 2023-1908 under Rule 42(b) of the Federal Rules
 of Appellate Procedure, which the court construes as a joint
 motion to dismiss. Feit Electric Company, Inc. submits its
 brief. CAO Lighting, Inc. separately files a motion to ex-
 tend by 14 days, until October 30, 2023, the time to file its
 reply brief.
     The court notes that Feit Electric Company’s brief is
 not in compliance with the court’s rules: the front cover is
 missing the language of one or more exemplary patent
 claims illustrative of the issues on appeal. See Fed. Cir. R.
 32(a)(3).
     Upon consideration thereof,
     IT IS ORDERED THAT:
      (1) The motion to dismiss is granted. Appeal No. 2023-
 1908 is dismissed. The revised official caption for Appeal
 No. 2023-1906 is reflected in this order. Each side to bear
 its own costs in Appeal No. 2023-1908.
     (2) Within 7 days of the date of entry of this order, Feit
 Electric Company is directed to file a corrected brief in Ap-
 peal No. 2023-1906 reflecting the revised official caption
 and addressing the deficiency noted above. CAO Lighting’s
 reply brief is due within 21 days of the date of service of
 Feit Electric Company’s corrected brief or by October 30,
 2023, whichever is later.
Case: 23-1906      Document: 25    Page: 3   Filed: 10/06/2023




 CAO LIGHTING, INC. v. FEIT ELECTRIC COMPANY, INC.         3



     (3) CAO Lighting’s motion is denied as moot.


     (4) The Clerk of Court shall transmit a copy of this or-
 der to the merits panel assigned to Appeal No. 2023-1906.
                                              FOR THE COURT




 October 6, 2023
      Date



 ISSUED AS A MANDATE (AS TO APPEAL NO. 2023-
 1908 ONLY): October 6, 2023


Reference

Status
Unpublished