Rembrandt Vision Technologies v. Johnson & Johnson Vision Care

Case: 14-1715 Document: 22 Page: 1 Filed: 10/06/2014

NOTE: This order is nonprecedential.

United States Court of Appeals
for the Federal Circuit
______________________

REMBRANDT VISION TECHNOLOGIES, L.P.,
Plaintiff-Appellant,

v.

JOHNSON & JOHNSON VISION CARE, INC.,
Defendant-Appellee.
______________________

2014-1715
______________________

Appeal from the United States District Court for the
Middle District of Florida in No. 3:11-cv-00819-TJC-JRK,
Judge Timothy J. Corrigan.
______________________

ON MOTION
______________________

Before PROST, Chief Judge, DYK and MOORE, Circuit
Judges.
PROST, Chief Judge.
ORDER
Rembrandt Vision Technologies, L.P., moves without
opposition to dismiss its appeal as premature. Rem-
brandt Vision Technologies also moves without opposition
for a 30-day extension of time to file its opening brief.
Case: 14-1715 Document: 22 Page: 2 Filed: 10/06/2014

2 REMBRANDT VISION TECHNOLOGIES v. JOHNSON & JOHNSON
VISION CARE

Rembrandt had moved in the district court to set
aside an earlier judgment, pursuant to Fed. R. Civ. P.
60(b). On July 10, 2014, the district court entered an
order regarding the motion and stated "[i]t is the Court’s
intention to deny Plaintiff’s Motion to Set Aside the
Judgment" after other matters concerning fees and costs
are determined. Rembrandt filed a protective notice of
appeal, and now asks this court to dismiss the appeal as
premature because the pending motion and fees and costs
has not yet been finally decided. We agree that the mat-
ter remains pending before the district court.
Accordingly,
IT IS ORDERED THAT:
(1) The motion to dismiss is granted.
(2) The motion for an extension of time is denied as
moot.
(3) Each side shall bear its own costs.
FOR THE COURT

/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court

ISSUED AS A MANDATE: October 6, 2014
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