NOTE: This order is n0nprecédentia1. ! , Umted States Court of AppeaIs for the Federal Circuit REMBRANDT DATA TECHNOLOGIES, LP, Plaintiff-Appellant, V. AOL, LLC, Defen,dant, and CAVALIER TELEPHONE, LLC, Defendan,t, and DIRECTV, INC., Defendant, and HEWLETT-PACKARD COMPANY, Defendcm,t-Appellee, and CANON U.S.A., INC., CANON BUSINESS SOLUTIONS, INC., and CANON INFORMATION TECHNOLOGY SERV`lCES, INC., Defen,dants-Appellees.

2010-1002 REMBRANDT DATA V. AOL 2 Appea1 from the United States District Court for the Eastern District of Virginia in case no. 08-CV-1009, Judge Gera1d Bruce Lee.

ON MOTION ORDER Rembrandt Data Technologies, L.P. and DIRECTV, Inc. submit a stipulated notice of dismissal stating that they "agree to the dismissal of the claims of this action, as between them (and their claims, counterclaims third party claims, and/or any cross claims) with prejudice and on the merits, and with each side to bear its own costs and attorney fees." Renibrandt does not indicate that it wishes to dismiss its appeal in its entirety Thus, this order informs the merits panel that Rembrandt and DIRECTV no longer wish to pursue the claims between them. With respect to the request that the court dismiss with prejudice, it is not the practice of this court to dismiss with or without preju- dice.

Upon consideration thereof, I'r ls 0R:oERED THAT: (1) The caption is revised to reflect that DIRECTV is no longer participating in this appeal as an appel1ee. (2) As between Rembrandt and DIRECTV, each side shall bear its own costs. (3) A copy of this order shall be transmitted to the merits panel assigned to hear this case.

REMBRANDT DATA V. AOL FoR THE CoURT /s/ Jan Horbaly l Date J an Horbaly ccc George Pazuniak, Esq.

S Michael J. S0nger, Esq.

R. Alexander Pilmer, Esq.

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