`
`NOTE: This order is nonprecedential.
`
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`ESCAPEX IP, LLC,
`Plaintiff-Appellant
`
`v.
`
`GOOGLE LLC,
`Defendant-Appellee
`______________________
`
`2024-1201
`______________________
`
`Appeal from the United States District Court for the
`Northern District of California in No. 3:22-cv-08711-VC,
`Judge Vince Chhabria.
`______________________
`
`ON MOTION
`______________________
`
`O R D E R
`In light of the district court’s decision on attorneys’ fees
`
`and EscapeX IP, LLC’s amended notice of appeal from that
`decision, Google LLC states that EscapeX IP’s motion to
`stay, ECF No. 9, is moot and that EscapeX IP does not ob-
`ject to that characterization. ECF No. 13 at 2. EscapeX IP
`now moves to “extend the briefing schedule by 60 days after
`the Appeal Record is due” with respect to EscapeX IP’s
`amended notice of appeal “because more time is needed to
`
`
`
`
`
`
`
`Case: 24-1201 Document: 15 Page: 2 Filed: 03/05/2024
`
`2
`
`
`
`ESCAPEX IP, LLC v. GOOGLE LLC
`
`file the appeal brief given the new Order from the District
`Court.” ECF No. 14-1 at 4.
`
`The court notes that Federal Circuit Rule 11(a)(1) di-
`rects the district court clerk to “send to this court a certified
`copy of the docket entries instead of the record,” and Fed-
`eral Circuit Rule 31(a)(1)(A) sets the deadline for the open-
`ing brief to 60-days after docketing (rather than after the
`record is filed). This court has not yet, however, received
`the amended notice of appeal or the updated certified copy
`of the docket entries from the district court.
`
`The court will deny the motion to stay as moot, and the
`stay of this appeal therefore is lifted. EscapeX IP’s motion
`to extend time has demonstrated sufficient good cause to
`extend the deadline by 60 days from the date of entry of
`this order. See Fed. R. App. P. 26(b). Extension beyond
`that amount is denied without prejudice to a new motion
`for further extension supported by good cause.
`
`Accordingly,
`
`IT IS ORDERED THAT:
`
`(1) ECF No. 9 is denied as moot.
`
`(2) The stay of the briefing schedule is lifted.
`
`
`
`
`
`
`Case: 24-1201 Document: 15 Page: 3 Filed: 03/05/2024
`
`ESCAPEX IP, LLC v. GOOGLE LLC
`
` 3
`
`(3) ECF No. 14-1 is granted to the extent that EscapeX
`
`IP’s opening brief is due no later than 60 days from the date
`of entry of this order.
`
`
`FOR THE COURT
`
`
`
`
`
`
`
`
`
`
`
`
`
`March 5, 2024
` Date
`
`
`
`cc: Clerk of Court, United States District Court for the
`Northern District of California
`
`
`
`