Federal Circuit disposition — 2010-m940-7-12-10-1-pdf

# NOTE: This order is nonprecedential.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