Bristol-Myers Squibb Co. v. TEVA Pharmaceuticals USA, Inc.

89 F. App'x 258
CourtCourt of Appeals for the Federal Circuit
DecidedFebruary 18, 2004
DocketNo. 04-1115
StatusPublished

This text of 89 F. App'x 258 (Bristol-Myers Squibb Co. v. TEVA Pharmaceuticals USA, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bristol-Myers Squibb Co. v. TEVA Pharmaceuticals USA, Inc., 89 F. App'x 258 (Fed. Cir. 2004).

Opinion

MICHEL, Circuit Judge.

ORDER

Bristol-Myers Squibb Company et al. and TEVA Pharmaceuticals USA, Inc. jointly move to dismiss and remand this appeal, due to settlement.

We cannot both dismiss the entire appeal and remand, as those are mutually exclusive dispositions. We understand that the parties seek a remand so that the district court can consider any remaining matters concerning fees and costs. Thus, we grant the motion to remand and deny the motion to dismiss as unnecessary.

Accordingly,

IT IS ORDERED THAT:

(1) The motion to remand is granted. Each side shall bear its own costs.

(2) The motion to dismiss is denied as unnecessary.

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Bluebook (online)
89 F. App'x 258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bristol-myers-squibb-co-v-teva-pharmaceuticals-usa-inc-cafc-2004.