Pfizer Inc., Pharmacia & Upjohn Company, and Pfizer Health Ab v. Ivax Pharmaceuticals, Inc.

# NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit

PFIZER INC., PHARMACIA & UPJOHN COMPANY,
AND PFIZER HEALTH AB,
Plaintiffs/Counterclaim Defendants-
Appellees,
v.
IVAX PHARMACEUTICALS, INC.,
Defendant/Counterclaimant-
Appellant,
.
AND
TEVA PHARMACEUTICALS USA, INC.,
Counterclaimant-Appellant.

2010-1206

Appeal from the United States District Court for the
District of New Jersey in case no. 07-CV-0174, Judge
Dennis M. Cavanaugh.

ON MOTION

ORDER

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Upon consideration of the parties' joint motion to
withdraw this appeal,

IT IS ORDERED THAT:

(1) The motion is granted and the appeal is dis-
missed .*

(2) Each side shall bear its own costs.

FOR THE COURT

AUG 2 6 2011

/s/ Jan Horbaly

Date

Jan Horbaly

Clerk

cc: John C. Englander, Esq. Dimitrios T. Drivas, Esq.

$20

- Issued As A Mandate: AUG 2 6 2011

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
AUG 2 6 2011
JAN HORBALY
CLERK

In the caption of the motion, "remand" is also re-
quested. Dismissal is the usual course when an appeal is
"withdrawn." Dismissal and remand are mutually exclu-
sive dispositions. In the text of the motion the parties do
not offer grounds why the case should be remanded rather
than dismissed.