NOTE: This order is n0nprecedential.

United States Court of AppeaIs for the FederaI Circuit JOHNSON & JOHNSON VISION CARE, INC., Plaintiff-Appellee, V. CIBA VISION CORPORATION, Defendant-Appellant. ' 2010-1372 Appeal from the United States District C0urt for the Midd1e District of F10rida in consolidated case n0s. 05-CV- 0135 and 06-CV-0301, Judge Tim0thy J. C0rrigan.

JOHNSON 81 JOHNSON VISION CARE, INC., Plain,tiff-Appellant, V. CIBA VISION CORPORATION, Defen,dant-Appellee.

2010-1388 JOHNSON & JOHNSON V. CIBA VlSlON 2 Appeal from the United States District Court for the Middle District of Florida in consolidated case nos. 05-CV- 0135 and 06-CV-0301, Judge Timothy J. Corrigan.

ON MOTION ORDER Johnson & Johnson Vision Care, Inc. submits a re- sponse to this court‘s September 9, 2010 order requesting dismissal of its appeal, 2010-1388. The parties move to lift the stay of briefing in 2010-1372.

Upon consideration thereof IT lS ORDERED THATZ (1) Appeal 2010-1388 is dismissed. Each side shall bear its own costs in 2010-1388. The revised official caption is reflected above. (2) The joint motion to lift the stay of briefing in 2010-1372 is granted Johnson & Johnson’s brief is due NoVember 22, 2010. The appellant's reply brief is due December 23, 2010. (3) Any other pending motions are denied as moot.

FoR THE CoURT 8 /sf Jan Horbaly Date J an Horbaly Clerk cc: Harry J. Roper, Esq.

Thomas P. Steindler, Esq.

FILED u.s. count or mats ma me seminal cannon NUV 1 8 2010 .lAN HORBALY 0|.EiK