Background
This matter involves appeals from the United States District Court for the District of Delaware in a civil action concerning intellectual property. The parties had previously reached a final judgment, but the district court issued an indicative ruling suggesting it would vacate that judgment to enter a consent judgment if the appeals were remanded.
The court’s reasoning
The court noted that the parties jointly moved to remand the appeals because they agreed to resolve all claims between them. The court stated it takes no position on the propriety or necessity of any vacatur, leaving that consideration to the district court based on principles from United States Bancorp Mortgage Co. v. Bonner Mall Partnership.
What it means going forward
The appeals are remanded to the district court, allowing the parties to proceed with their agreed-upon consent judgment while the appellate court avoids ruling on the vacatur of the prior final judgment.
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