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Primos, Inc. v. Hunter's Specialties, Inc.

Citation: 159 F. App'x 997Docket: Nos. 05-1001, 05-1376

Court: Court of Appeals for the Federal Circuit; November 30, 2005; Federal Appellate Court

Narrative Opinion Summary

Primos, Inc. has filed an unopposed motion to voluntarily dismiss its cross-appeal (case number 05-1042), which has been granted, with all parties bearing their own costs. Primos is required to submit a corrected appellee’s brief in case 05-1001, removing references to its cross-appeal, within 14 days of this order. Additionally, Hunter’s Specialties, Inc. and David Forbes have requested an extension to file their reply brief in case 05-1001, which has also been granted; their reply brief is due within 14 days following the service of Primos’ corrected opening brief. The revised official caption for case 05-1001 has been updated, and a copy of this order will be sent to the merits panel assigned to the case.

Legal Issues Addressed

Granting of Extension for Filing Briefs

Application: The court granted Hunter’s Specialties, Inc. and David Forbes an extension to file their reply brief following the submission of the corrected brief by Primos, Inc.

Reasoning: Additionally, Hunter’s Specialties, Inc. and David Forbes have requested an extension to file their reply brief in case 05-1001, which has also been granted; their reply brief is due within 14 days following the service of Primos’ corrected opening brief.

Modification of Case Caption

Application: The official caption for case 05-1001 has been revised to reflect changes in the case status.

Reasoning: The revised official caption for case 05-1001 has been updated, and a copy of this order will be sent to the merits panel assigned to the case.

Obligation to Amend Briefs Following Dismissal

Application: Primos, Inc. must submit a corrected appellee’s brief that omits references to its dismissed cross-appeal within a specified timeframe.

Reasoning: Primos is required to submit a corrected appellee’s brief in case 05-1001, removing references to its cross-appeal, within 14 days of this order.

Voluntary Dismissal of Appeal

Application: Primos, Inc. filed an unopposed motion to voluntarily dismiss its cross-appeal, which was granted by the court.

Reasoning: Primos, Inc. has filed an unopposed motion to voluntarily dismiss its cross-appeal (case number 05-1042), which has been granted, with all parties bearing their own costs.