In Re Link_a_media Devices Corp.

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NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit IN RE LINK_A_MEDIA DEVICES CORP., Petitioner. 1 Misce1laneous Docket No. 990 On Petition for Writ of Mandamus to the United States District Court for the District of De1aware in case no. 10-CV-0869, Judge Sue L. Robinson. ON PETITION Before RADER, Chief Judge, DYK and O’MALLEY, Circuit Judges. PER CURIAM. 0 R D E R The parties move to withdraw or dismiss this petition and Marve11 Internationa1 Ltd. moves to withdraw or vacate this c0urt’s December 2, 2011 order granting Link_A_Media Devices Corp.’s (LAMD) petition for writ of IN RE LINK_A_MEDIA 2 mandamus on the ground that the parties had entered into a settlement agreement before our order issued. Marvell states that it informed an unidentified indi- vidual in this court’s clerk office by telephone on Decem- ber 1 about the settlement. The parties filed the settlement agreement with the district court on December 2, 2011, the same day that the writ issued. The district court then dismissed the case without prejudice on De- cember 5. lt was not until December 5 that the parties formally notified this court of the settlement in the mo- tion to Withdraw. If the parties had entered into a set- tlement agreement before issuance of our decision, it was counsel’s duty to formally inform this court in writing of the agreement Board of License C0mm'rs of Tiverton v. Pastore, 469 U.S. 238, 240 (1985); see also Arizon,an,s for Official E'nglish, u. Ariz0n.a, 520 U.S. 43, 68 1123 (1997) (citing Pastore) ("It is the duty of counsel to bring to the federal tribunal’s attention, without delay,’ facts that may raise a question of mootness.") (emphasis in original). We determine that granting a motion to vacate our order is neither required nor a proper use of the judicial system. See U.S. u. Payton, 593 F.3d 881 (9th Cir. 2010) (denying vacatur and dismissal of appeal when mootness arose after appellate court’s opinion issued); Show- time/The Movie Chcmn,el, Inc. v. Covered Bridge C'ondo- m,inium, Ass’n, Inc., 895 F.2d 711, 713 (11th Cir. 1990) (stating that "a motion to dismiss an appeal and to with- draw a decision and opinion once published [should be granted] only in rare cases and for valid reason”). Because the district court dismissed the complaint due to settlement, it need not transfer that dismissed complaint However, consistent with our sister courts, we 3 IN RE LlNK_A_lVlEDIA conclude that we should not vacate our order after the matter was decided. Upon consideration thereof, IT Is 0RDERE:o THAT: The motions are denied. FoR THE COURT 1359 l 5 ml 131 Jan H01~ba1y Dat e J an Horbaly Clerk cc: Daralyn J. Durie, Esq. lndranil Mukerji, Esq. l Clerk, United States District Court for the District of Delaware s24 Fl us comer 0lFli\PFEALs ron ms FEnERA1 canton IJ£C 16 2t111 1ANHoRsnLY cum