CARNEGIE INSTITUTION OF WASHINGTON v. FENIX DIAMONDS LLC , No. 21-2249 (Fed. Cir. 2023)
Annotate this Case
Download PDF
Case: 21-2249 Document: 66 Page: 1 Filed: 09/05/2023 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ CARNEGIE INSTITUTION OF WASHINGTON, M7D CORPORATION, Plaintiffs-Appellants v. FENIX DIAMONDS LLC, Defendant-Cross-Appellant ______________________ 2021-2249, 2021-2315 ______________________ Appeals from the United States District Court for the Southern District of New York in No. 1:20-cv-00200-JSR, Judge Jed S. Rakoff. ______________________ ON MOTION ______________________ Before DYK, PROST, and STARK, Circuit Judges. DYK, Circuit Judge. ORDER Appellants move unopposed to voluntarily dismiss these appeals pursuant to Federal Rule of Appellate Procedure 42(b) and request remand to the United States Case: 21-2249 2 Document: 66 Page: 2 Filed: 09/05/2023 CARNEGIE INSTITUTION OF WASHINGTON v. FENIX DIAMONDS LLC District Court for the Southern District of New York for further proceedings. We find remand unnecessary here. Upon return of the appellate mandate, the district court may act on matters left open by the mandate. Laitram Corp. v. NEC Corp., 115 F.3d 947, 951 (Fed. Cir. 1997) (citation omitted). Accordingly, IT IS ORDERED THAT: (1) The motion is granted to the extent that the appeals are dismissed and the mandate issued forthwith. (2) Each party shall bear its own costs for these appeals. FOR THE COURT September 5, 2023 Date /s/ Jarrett B. Perlow Jarrett B. Perlow Clerk of Court cc: United States District Court for the Southern District of New York ISSUED AS A MANDATE: September 5, 2023
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
