DAVID TROPP v. CONAIR CORPORATION , No. 12-1337 (Fed. Cir. 2013)

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Case: 12-1337 Document: 48 Page: 1 Filed: 07/18/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ DAVID A. TROPP, Plaintiff-Appellee, v. CONAIR CORPORATION, L.C. INDUSTRIES, LLC, MASTER LOCK COMPANY LLC, SAMSONITE CORPORATION, TRAVELPRO INTERNATIONAL INC., AND TRG ACCESSORIES, LLC, Defendants-Appellants, AND BRIGGS & RILEY TRAVELWARE LLC, Defendant-Appellant, AND EAGLE CREEK, A DIVISION OF VF OUTDOOR, INC., BROOKSTONE COMPANY, INC., AND BROOKSTONE STORES, INC., Defendants-Appellants, AND DELSEY LUGGAGE INC., Defendant-Appellant, AND EBAGS, INC., Defendant-Appellant, AND Case: 12-1337 Document: 48 2 Page: 2 DAVID TROPP Filed: 07/18/2013 v. CONAIR CORPORATION MAGELLAN S INTERNATIONAL TRAVEL CORPORATION, Defendant-Appellant, AND TUMI, INC., Defendant-Appellant, AND WORDLOCK, INC., Defendant-Appellant, AND OUTPAC DESIGNS INC., HP MARKETING CORP. LTD., AND TITAN LUGGAGE USA, Defendants. ______________________ 2012-1337 ______________________ Appeal from the United States District Court for the Eastern District of New York in No. 08-CV-4446, Judge Eric N. Vitaliano. ______________________ ON MOTION ______________________ Before DYK, PROST and O MALLEY, Circuit Judges. PROST, Circuit Judge. ORDER The parties jointly submit a letter, which this court construes as a motion to vacate the district court s denial of the appellants motion for attorneys fees. Case: 12-1337 DAVID TROPP Document: 48 Page: 3 Filed: 07/18/2013 v. CONAIR CORPORATION 3 This appeal of a denial of attorneys fees, along with the underlying merits appeal, David Tropp v. Conair Corp., No. 2011-1583, ( Merits Appeal ), was stayed pending this court s decision in Travel Sentry, Inc. v. David Tropp, Nos. 2011-1023, -1367. Shortly after this court s decision in Travel Sentry, the court decided the Merits Appeal, vacating and remanding the district court s judgment. Accordingly, vacatur of the district court s denial of attorneys fees is also warranted. See Raytheon Co. v. Indigo Systems Corp., 688 F.3d 1311, 1313 n.1 (Fed. Cir. 2012). Upon consideration thereof, IT IS ORDERED THAT: (1) The motion to vacate is granted. (2) All parties shall bear their own costs. FOR THE COURT s25 /s/ Daniel E. O Toole Daniel E. O Toole Clerk

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