Trout v. Garmin International, Inc.

NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit MARTHA TROUT, Pla.intiff-Appellant, V. GARMIN INTERNATIONAL, INC., Defendant-Appellee, ' AND TOMTOM, INC., Defendant-Appellee. 2010-1488 Appeal from the United States District Court for the Northern District of Il1inois in case n0. 08-CV-3248, Judge Rebecca R. Pal1rneyer. ON MOTION ORDER Martha Trout, acting pro se, moves to be substituted for appellant SP Techn01ogies, LLC. We treat this as a motion to reform the caption of the appeal Tr0ut also TROUT V. GARMIN INTL 2 moves for an extension of time to 519 a brief. Both motions are unopposed The district court granted summary judgment of invalidity of the patent in suit, U.S. Patent No. 6,784,87 3 (’ 873 patent) and entered judgment SP Technologies appealed Subsequently, SP Technologies filed a motion with the district court pursuant to Federal Rule of Civil Procedure 25(c) to substitute Trout for SP Techn0logies on the basis of an assignment of the ’873 patent from SP Technologies to Trout, and for leave for SP Technologies’ counsel to withdraw from the case beyond the still-pending "issues relating to the bills of cost." Defendant TomTom, lnc. opposed both the substitution and the withdrawal The district court granted the motion to substitute Trout for SP Techno1ogies, but denied leave for SP Techno1ogies’ counsel to withdraw The district court action was recaptioned to add Trout and remove SP Technol0gies as plaintiff Accordingly, IT lS ORDERED THATZ (1) Trout’s motion to reform the caption is granted The revised official caption is reflected above. (2) Trout’s initial brief is due within 60 days from the date of filing of this order. FoR THE CoURT 2 4 lsi Jan Horbaly Date J an Horbaly Clerk § §§ 302 352 §§ 3 l‘1AR 24 2011 JANh`.0RBN.Y CLERK 3 CC. S 23 B. Trent Webb, Esq. James H. Wallace, Jr., Esq. Martha Trout Ray1n0nd P. Niro, Esq. TROUT V. GARMIN lNTL