BENNETT MARINE, INC. v. LENCO MARINE, INC. , No. 13-1297 (Fed. Cir. 2013)

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Case: 13-1297 Document: 20 Page: 1 Filed: 12/11/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit __________________________ BENNETT MARINE, INC., Plaintiff-Appellee, v. LENCO MARINE, INC., RICHARD DEVITO, JR., AND RINKER BOAT COMPANY, Defendants-Appellants, AND KIM SLOCUM, Defendant. __________________________ 2013-1297 __________________________ Appeal from the United States District Court for the Southern District of Florida in No. 04-CV-60326, Judge Kenneth A. Marra. __________________________ ON MOTION __________________________ Before RADER, Chief Judge, LOURIE and TARANTO, Circuit Judges. RADER, Chief Judge. Case: 13-1297 Document: 20 Page: 2 Filed: 12/11/2013 BENNETT MARINE, INC. V. LENCO MARINE, INC. 2 ORDER Lenco Marine, Inc., Richard Devito, Jr., and Rinker Boat Company (collectively Appellants ) respond to the court s June 5, 2013 order staying proceedings in this appeal pending the final disposition of Bennett Marine, Inc. v. Lenco Marine, Inc., No. 2012-1336, -1354 (the Related Appeals ). Appellants move unopposed to lift the stay and request this appeal be summarily disposed of consistent with the rulings of the panel in the Related Appeal. The Related Appeals are from the same district court case. In the Related Appeals, on September 29, 2013 a panel of this court reversed the district court s finding of infringement, including willful infringement. As a result, the appellant asserts without opposition that there is no longer any basis for the award of attorney fees and costs, which is the issue raised by this appeal. Upon consideration thereof, IT IS ORDERED THAT: (1) The motion to lift proceedings in 2013-1297 is granted. (2) The motion for summary disposition is granted. The district court s fees and costs judgment is reversed. (3) Each side shall bear its own costs in this appeal. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s25

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