K-TEC V VITA-MIX CORP, No. 11-1244 (Fed. Cir. 2011)

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NOTE: This order is nonprecedential. mtniteb ~tate~ <!Court of ~eaI~ for tbe jfeberaI <!Circuit K-TEC, INC., Plaintiff·Appellee, v. VITA-MIX CORPORATION, Defendant-Appellant. 2011-1244, -1484, -1512 Appeals from the United States District Court for the District of Utah in case no. 06-CV-0108, Judge Tena Campbell. VITA-MIX CORPORATION, Appellant, v. DAVID J. KAPPOS, DIRECTOR, UNITED STATES PATENT AND TRADEMARK OFFICE, Appellee, AND K-TEC, INC., Appellee. K-TEC v. VITA-MIX CORP 2 2012-1024 (Reexamination No. 95/000,339) Appeal from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences. ON MOTION ORDER Vita-Mix Corporation moves for leave to treat the above-captioned cases as companion cases for purposes of oral argument. K-Tec, Inc. moves for an extension of time in 2012-1024, until December 27, 2011 for Vita-Mix Corporation to file its opening brief and for an extension of time, until February 22, 2012, for David J. Kappos and K-Tec, Inc. to file their responsive briefs. Accordingly, IT Is ORDERED THAT: (1) The motions are granted to the following extent: the cases will be treated as companion cases, the appellant's opening brief in 2012-1024 is due December 27, 2011, and the responsive briefs of Kappos and K-Tec in 2012-1024 are due February 22,2012. Further extensions should not be anticipated. (2) A copy of this order shall be transmitted to the merits panel assigned to hear this case. (3) The revised official caption in 2012-1024 is reflected above. 3 K-TEC v. VITA-MIX CORP FOR THE COURT DEC 152011 Date cc: Alan L. Briggs, Esq. Brett L. Foster, Esq. L. Grant Foster, Esq. Raymond T. Chen, Esq. s21 /s/ Jan Horbaly Jan Horbaly Clerk u.s. couJlk~PEALS FOR TilE FEOERAl CIRCUIT GEe 152011 JAN HORBAlY CLERK

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