NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit MONSANTO COMPANY AND MONSANTO TECHNOLOGY LLC, Plain,tiff-Appellee, V. VERNON HUGH BOWMAN, Defendant-Appellant.

2010-1068 Appea1 from the United States District Court for the Southern District of Indiana in case no. 07-CV-0283, Judge Richard L. Young.

ORDER Monsanto Company moves to deactivate this appeal and also moves for an extension of time to file its brief.

Vernon I-high Br0wn opposes.

Upon consideration thereof IT ls ORDERED THAT: (1) The motion to deactivate is denied.

MONSANTO CO V. BOWMAN 2 (2) Monsanto's motion for an extension of time is granted Monsanto's brief is due within 21 days of the date of filing of this order.

FOR THE CoURT 0CT 2 8 /s/ Jan Horba1y Date J an Horba1y C1erk U.S. C0UR'll':&EAFqPEALS FOR ccc David B. Jinkins, Esq.

THE FEDERAL ClRCUlT Vernon Hugh Bowman _ 0CT 2'8.201U 1ANHORBALY GLERK