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Intermedics, Inc. v. Ventritex Co., Inc., Michael Sweeney and Benjamin Pless

Citations: 16 F.3d 419; 1993 U.S. App. LEXIS 37812; 1993 WL 491212Docket: 93-1531

Court: Court of Appeals for the Federal Circuit; November 21, 1993; Federal Appellate Court

Narrative Opinion Summary

Intermedics, Inc. filed a motion on November 5, 1993, seeking reconsideration of the court's previous order from November 3, 1993, which dismissed their appeal due to the failure to submit a brief. This motion was unopposed. The United States Court of Appeals for the Federal Circuit granted the motion, vacating the dismissal order, recalling the mandate, and reinstating the appeal. Additionally, the court approved Intermedics' request for an extension of time to file the required brief. The case is identified as 16 F.3d 419, with parties including Intermedics, Inc. as the plaintiff-appellant and Ventriplex Co. Inc., along with Michael Sweeney and Benjamin Pless, as defendants-appellees.

Legal Issues Addressed

Extension of Time to File Briefs

Application: The court granted Intermedics, Inc. an extension of time to file the required brief, allowing the appeal process to continue.

Reasoning: Additionally, the court approved Intermedics' request for an extension of time to file the required brief.

Reconsideration of Dismissal Orders

Application: Intermedics, Inc. successfully filed a motion for reconsideration of a previous order that dismissed their appeal due to the failure to submit a brief.

Reasoning: Intermedics, Inc. filed a motion on November 5, 1993, seeking reconsideration of the court's previous order from November 3, 1993, which dismissed their appeal due to the failure to submit a brief.

Unopposed Motions

Application: The motion for reconsideration filed by Intermedics, Inc. was unopposed, which may have facilitated the granting of the motion by the court.

Reasoning: This motion was unopposed.

Vacating Dismissal and Reinstating Appeal

Application: The court vacated the previous dismissal order, recalled the mandate, and reinstated the appeal following the motion for reconsideration.

Reasoning: The United States Court of Appeals for the Federal Circuit granted the motion, vacating the dismissal order, recalling the mandate, and reinstating the appeal.