Ninestar Technology Co. v. International Trade Commission

Docket: No. 2009-1549

Court: Court of Appeals for the Federal Circuit; September 24, 2010; Federal Appellate Court

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The International Trade Commission (ITC) has filed a motion to lift the stay of proceedings, which is opposed by Town Sky, Inc. Intervenors have submitted a status report. A stay was initially imposed on May 12, 2010, under the automatic stay provisions of 11 U.S.C. 362. However, the United States Bankruptcy Court for the Northern District of California lifted this automatic stay on July 16, 2010. In light of this development, the ITC has requested the court to lift the stay in the current appeal. Town Sky's brief opposition does not sufficiently convince the court to maintain the stay. As a result, the court grants the ITC's motion to lift the stay. The order includes a directive that the appellant must file a reply brief within 14 days of this order's issuance.