NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit EON-NET, L.P., Plaintiff/Sanction,ed Party-Appellan,t, and ZIMMERMAN & LEVI, L.L.P. AND JEAN-MARC ZIMMERMAN, Sanctioned Parties-Appellants, V. FLAGSTAR BANCORP, Defendant-Appellee.

2009-1308 Appea1 from the United States District Court for the WeStern District of WaShington in case no. 05-CV-2129, Judge Ricard0 S. Martinez.

ON MOTION ORDER Eon-Net, L.P. and Jean-Marc Zimmerman move to lift the stay of the briefing schedule and for the court to decide their motion to stay "the imposition of and the EON-NET LP V. FLAGSTAR BANCORP 2 ability to execute and enforce the District Court's May 17, 2010 Supplemental Order on Fees and Costs imposing monetary sanctions ("Monetary Order") against them pending the Appellants' appeal of the District Court's March 4, 2009 Order on Claim Construction . . . and Monetary Order.“

An order recently issued and thus the motions to lift the stay of the briefing schedule and decide the motion to stay are moot.

Upon consideration thereof, IT lS ORDERED TI-IATZ The motions are denied as moot.

FoR THE CoURT mw 1 5 lsi Jan Horbaly Date J an Horbaly Clerk cc: Jean-Marc Zimmerman, Esq.

Melissa J. Baily, Esq.

FlLED . . RT 0F APPEALS F9R S8 u sTl~lgl|]’EDERAL C1F’P'l!T NOV 1-5 2010 JAN HORBALY CLERK