Marshall Patent Holdings, LLC v. U.S. South Communications, Inc.

• Court: Court of Appeals for the Federal Circuit
• Decided: June 1, 2011
• Docket: 2011-1011.2
• Status: Unpublished

Opinion

NOTE: This order is n0nprecedential. United States Court of Appeals for the FederaI Circuit MARSHALL PATENT HOLDINGS, LLC, Plaintiff-Appellant, ' \ V. U.S. SOUTH COMMUNICATIONS, INC., Defenclant-Appellee. 2011-1011 _ Appeal from the United States District Court for the Eastern District of TeXas in case no. 08-CV-0222, Judge Leonard Davis. ON MOTION Before GAJARsA, Chief Judge. 0 R D E R `Marshall Patent HoldingS, LLC (Marshall) moves for leave to include additional materials in the joint appendix and extension of time to file the joint appendix U.S. South Communicati0ns, Inc. opposes. Marshall replies Rule 10(a) of the Rules Federal Rules of Appellate Procedure provides that the record on appeal is generally

MARSHALL PATEN'l` V. US SOU'I‘H 2 limited to the original papers and exhibits filed in the district court. See also Wegner Mfg., Inc. v. Coating Mach. Sys., Inc., 239 F.3d 1225, 1236, n. 2 (Fed. Cir. 2001) (refusing to consider a reference that was not evidence before the district court and not part of the record on appeal). Although the Rules of Evidence authorize judicial notice of certain facts outside of the rec0rd, the court is not persuaded that such action is warranted here. Accordingly, 4 IT lS ORDERED THATI (1) The motion for leave to include additional materials in the joint appendix is denied. __ (2) The joint appendix shall be filed within 14 days from the date of filing of this order (3) Marshall’s motion for an extension of time to Ele the joint appendix is now moot. FOR THE CoURT N0l2[l11 _JU1_ /S/ Jan Horba1 Date J an Horbaly Clerk cc: Michae1 P. Mazza, Esq. polo ` . . URT 0F APPEALS FDR Rob1n L. McGrath, Esq. IST§(EJFE0ERM_ macon 324 JuN 01 2011 JAN HDRBAL¥ CLEH(