Abbott Gmbh & Co. Kg v. Yeda Research and Development Co., Ltd.

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# United States Court of Appeals for the Federal Circuit

ABBOTT GMBH & CO. KG,
Petitioner-Appellee,

V.
YEDA RESEARCH AND DEVELOPMENT CO., LTD.,
Defendant-Appellant.

2010-1444

Appeal from the United States District Court for the
District of Columbia in 00-CV-1720, Judge Ricardo M.
Urbina.

## ON MOTION

Before PROST, MAYER, and MOORE, Circuit Judges.
MOORE, Circuit Judge.

## ORDER

Abbott GmbH & Co., KG moves to dismiss Yeda Re-
search and Development Co., Ltd.'s appeal for failure to
prosecute and for lack of jurisdiction. Yeda opposes in

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part. Yeda moves to withdraw its appeal without preju-
dice. Abbott opposes. Yeda replies.

Yeda failed to file its brief by the brief due date.
Yeda does not contest that it did not file a brief. Yeda
also agrees that its notice of appeal should be dismissed
because it seeks review of a nonfinal order of the United
States District Court for the District of Columbia. Yeda
requests that this court designate any dismissal as being
without prejudice "in an abundance of caution." This
court does not ordinarily designate appeals as being
dismissed with or without prejudice. We see no reason to
do so here.

Accordingly,

IT IS ORDERED THAT:

(1) Yeda's motion is granted. The appeal is dis-
missed.

(2) Each side shall bear its own costs.

(3) All other pending motions are denied as moot.

FOR THE COURT

MAR 0 4 2011

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: James R. Ferguson, Esq.
Roger L. Browdy, Esq.

Issued As A Mandate:
MAR 0 4 2011

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
MAR 04 2011

JAN HORBALY
CLERK