NETWORK VIDEO TECH. v. NITEK INTERN, 329 Fed.Appx. 271 (Fed. Cir. 2009)
NETWORK VIDEO TECHNOLOGIES, INC., Plaintiff-Appellant, v. NITEKINTERNATIONAL, LLC, Defendant-Appellee.
No. 2008-1287.United States Court of Appeals, Federal Circuit.
January 16, 2009.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
Appeal from the United States District Court for the Central District of CaliforniaPage 272
in case no. 07-CV-4789, A. Howard Matz, Judge.
Before PROST, Circuit Judge.
ON MOTION ORDER
Network Video Technologies, Inc. (NVT) moves without opposition to voluntarily dismiss its appeal. Separately, pursuant to Fed.R.App.Pro. 38, Nitek international, LLC (Nitek) moves for damages due to a frivolous appeal. NVT opposes.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) NVT's motion to dismiss is granted.
(2) Nitek's motion for damages is denied.
(3) Each side shall bear its own costs.