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# NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit
IN RE SMITH & NEPHEW, INC.,
Petitioner.
Miscellaneous Docket No. 940
On Petition for Writ of Mandamus to the United States
District Court for the Eastern District of Texas in case no.
09-CV-0378, Judge T. John Ward.
ON PETITION FOR WRIT OF MANDAMUS
## ORDER
Smith & Nephew, Inc. submit a letter indicating that
the United States District Court for the Eastern District
of Texas transferred the underlying case on July 6, 2010
and suggesting that their petition for a writ of mandamus
is thus moot.
Upon consideration thereof,
IT IS ORDERED THAT:
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(1) The petition for a writ of mandamus is dismissed
as moot.
(2) Each side shall bear its own costs.
FOR THE COURT
JUL 12 2010
/s/ Jan Horbaly
Date
Jan Horbaly Clerk
cc: Gregory N. Stillman, Esq.
Joseph M. Vanek, Esq.
Clerk, United States District Court for the Eastern
District Of Texas
$19
FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
JUL 12 2010
JAN HORBALY
CLERK
