Apotex Inc. v. Eisai, Inc. and Eisai Co., Ltd.

# NOTE: This order is nonprecedential.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

APOTEX INC.,
Plaintiff-Appellant,
V.
EISAI, INC. AND EISAI CO., LTD.,
Defendants-Appellees.

2010-1559

Appeal from the United States District Court for the
Middle District of North Carolina in case no. 09-CV-0477,
Chief Judge James A. Beaty, Jr.

## ON MOTION

## ORDER

Upon consideration of Apotex, Inc.'s motion to volun-
tarily withdraw its appeal,

IT IS ORDERED THAT:

(1) The motion is granted. The appeal is dismissed.

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(2) Each side shall bear its own costs.

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

FOR THE COURT

DEC 13 2010

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: Robert B. Breisblatt, Esq.
Bruce M. Wexler, Esq.
$21

Issued As A Mandate:

DEC 13 2010

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
DEC 13 2010

JAN HORBALY
CLERK