Presidio Components, Inc. v. American Technical Ceramics Corp.

• Court: Court of Appeals for the Federal Circuit
• Decided: February 16, 2012
• Docket: 2010-1355
• Status: Unpublished

Opinion

NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit PRESIDIO COMPONENTS, INC., Plain,tiff-Cross Appellant, ' V. AMERICAN TECHN'ICAL CERAMICS CORP., Defen,clant-Appellant. 2010-1355, 2011-1089 ' Appea1s from the United States District Court for the Southern District of California in case no. 08-CV-0335, Chief Judge Irn1a E. G0nza1ez. ON MOTION ORDER American Technica1 Ceramics Corp. (ATCC) moves to dismiss Presidio Components, Inc.’s cross-appeal for lack of jurisdicti0n. Presidio opposes. ATCC replies This motion was filed after both the appellant and cross-appellant filed their opening briefs Pursuant to Fed. Cir. R. 27(f), a motion to dismiss must be filed before

PRESIDIO COMPONENTS V. AMERlCAN TECH 2 the appellant files its opening brief or, failing that, argu- ments concerning jurisdiction should be in the briefs. The court notes that the parties discuss the timeliness of the cross-appeal in their briefs and that the parties should not be allowed to enlarge the word limitations for briefs by expanding on those jurisdictional arguments in mo- tions when those arguments should have been included within the context of the briefs. Accordingly, IT ls ORDERED THAT: (1) The motion to dismiss is denied for failure to com- ply with Fed. Cir. R. 27(f). (2) A copy of this order shall be transmitted to the merits panel to inform the panel that the motion to dis- miss the cross-appeal was denied due to a` failure to comply with Fed. Cir. R. 27(f). FoR THE CoURT FEB 1 5 2012 /s/ J an Horbaly Date J an Horbaly Clerk cc: Brett A. Schatz, Esq. Marvin S. Gittes, Esq. FlLED 8 us counT oFAPPEA1.s sua 3 ms FEnsno.c1ncun FEB 1 6 2012 JANH0llBAlY CLEFlK