NOTE: This order is nonprecedential.

United States Court of A1;1peals ` for the FederaI Circuit APPLIED MATERIALS, INC., Plaintiff-Appellee, V. MULTIMETRIXS, LLC, MARK KESEL, BORIS KESIL, and ELIK GERSHENZON, Defendan,ts-Appellan,ts.

2010-1149, -1150 Appeals from the United States District Court for the Northern District of Ca1ifornia in Case N0. 06-CV-7372, Judge Marilyn Ha11 Patel.

ON MOTION ORDER The parties move jointly to lift the stay of proceedings Applied Materials, Inc. moves for leave to file a surreply brief. Multimetrixs, LLC et a1. oppose The parties state that all bankruptcy stays and other bankruptcy issues have been resolved Upon consideration thereof APPLIED MATERIALS V. MULTlMETRlXS 2 IT ls 0RDERED THAT: (1) The motion to lift the stay is granted (2) The motion to file a surrep1y brief is deferred for consideration by the merits panel assigned to hear this case. A copy of the motion and surreply brief, Mul- timetrixs’ response and this order shall be transmitted to the merits panel FoR THE CoURT AUG 1 6 2010 /s/ J an Horbaly Date J an Horbaly Clerk ccc Rohit Kumar Singla, Esq.

Jeffrey I. Kaplan, Esq. u pnm ma S17 CfRGUfl' AUG 1 6 2010 1ANHonaALv ocean §§ §§-°--1 g9F 1-§§