NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit IN RE SMITH & NEPHEW, INC., Petitioner.

Miscel1aneous Docket No. 940 On Petition for Writ of Manda1nus 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 Ju1y 6, 2010 and suggesting that their petition for a writ of mandamus is thus moot.

Upon consideration thereof, IT IS ORDERED THAT: 1N ss sM1TH & NEPHEW 2 (1) The petition for a writ of mandamus is dismissed as moot. (2) Each side shall bear its own c0sts.

FoR THE CoURT /si Jan Horbaly Date J an Horbaly Clerk cc: Gregory N. Stillman, Esq.

Joseph M. Vanek, Esq.

Clerk, United States District Court for the Eastern District Of TeXas s19 FlLED u.s. count oF APPEA\3 F0n mr-: FE0:RAL c1Rcu1T JUL 12 2010 .|AN HORBALY CLERK