Greene v. Pitka

Full title: HAL GREENE, Appellant, v. TIMOTHY PITKA, Appellee.

Court: United States Court of Appeals for the Federal Circuit

Date published: Jun 21, 2012

2012-1277 (Fed. Cir. Jun. 21, 2012)

Opinion

2012-1277 Cancellation No. 92054391

06-21-2012

HAL GREENE, Appellant, v. TIMOTHY PITKA, Appellee.

NEWMAN

NOTE: This order is nonprecedential.

Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board.

ON MOTION

Before NEWMAN, LOURIE and O'MALLEY, Circuit Judges. NEWMAN, Circuit Judge.

ORDER

Hal Greene moves without opposition to remand to the Trademark Trial and Appeal Board (Board) for further proceedings and to dismiss the appeal.

The court cannot both dismiss the entire appeal and remand, as those are mutually exclusive dispositions. We understand that Greene seeks a remand so that the Board can rule on his motion for relief from final judgment, which the Board has indicated it will grant if the case is remanded.

Accordingly,

IT IS ORDERED THAT:

(1) The motion to remand is granted.
(2) The motion to dismiss is denied as unnecessary.
(3) All pending motions are moot.
(4) Each side shall bear its own costs.

FOR THE COURT

______________

Jan Horbaly

Clerk
cc: Amber N. Davis, Esq.

Keith A. Barritt, Esq.
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