[Download] "Altera Corp. v. Clear Logic" by United States Court of Appeals for the Ninth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Altera Corp. v. Clear Logic
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 15, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 81 KB
Description
The parties have informed the court that they have settled the economic issues in this case. Because the parties have agreed in open court on appeal that there are no objections to vacating the district courts October 17, 2002 order denying the motion to dismiss for improper venue, we remand for a determination by the district court whether that order, the summary judgment order, and/or the judgment entered on February 18, 2003, should be vacated. See U.S. Bancorp Mortgage Co. v. Bonner Mall Pship, 513 U.S. 18, 29 (1994) (holding that "mootness by reason of settlement does not justify vacatur of a judgment under review," but stating that a court of appeals may "remand the case with instructions that the district court consider the [vacatur] request"); see also Am. Games, Inc. v. Trade Prods. Inc., 142 F.3d 1164, 1169-70 (1998) (holding that when settlement moots a case, the district court may apply an equitable balancing test in considering vacatur).
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