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Re: DND, that does not provide the time frame for remand back to

By: DND in IDCC | Recommend this post (0)
Tue, 18 Sep 12 11:43 PM | 278 view(s)
Boardmark this board | InterDigital Communications 		Msg. 46024 of 48237
(This msg. is a reply to 46022 by my3sons87)
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from OD

dndodd: Tell my3sons that if if there is no en banc/rehearing filing the CAFC is required to issue the mandate in seven days.

Federal Rules of Appellate Procedure
“Rule 41. Mandate: Contents; Issuance and
Effective Date; Stay
(a) Contents. Unless the court directs that a formal mandate
issue, the mandate consists of a certifi ed copy of
the judgment, a copy of the court’s opinion, if any, and
any direction about costs.
(b) When Issued. The court’s mandate must issue 7 days
after the time to fi le a petition for rehearing expires, or
7 days after entry of an order denying a timely petition
for panel rehearing, petition for rehearing en banc, or
motion for stay of mandate, whichever is later. The
court may shorten or extend the time.”


If Nokia files a certiorari request for Supreme Court review , the mandate can be stayed ; however the request for stay “must show that the certiorari petition would present a substantial question and that there is good cause for a stay.”




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The above is a reply to the following message:
DND, that does not provide the time frame for remand back to
By: my3sons87 in IDCC
Tue, 18 Sep 12 11:06 PM 		Msg. 46022 of 48237

the ITC from the CAFC. Unless it is considered remanded on the date of the decision. But I would think remand would be after the appeal filing time frame has expired.

19. Notice of the court’s decision.
You will be sent a copy of the court’s opinion in your case by mail on the day it is fi led with the clerk. If the court decides
your appeal without preparing an opinion, you will be sent a copy of the judgment of affi rmance without opinion. If you
fi le a petition for rehearing, it must be received within 30 days of the date of the court’s opinion. If the United States is a
party, then you have 45 days to fi le a petition for rehearing. Untimely petitions for rehearing will be returned. Rehearings are
rarely granted. Do not fi le a motion to alter or amend a judgment or a motion for relief from judgment as those motions are
appropriate only in proceedings governed by Federal Rules of Civil Procedure 59 and 60, which do not apply in this court.

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