NOTE: This order is nonprecedential United States Court of AppeaIs l for the FederaI Circuit MAX RACK, INC., Plaintiff-Appellant, V. HOIST FITNESS SYSTEMS, INC., Defendant-Appellee. 2010-1417 Appeal from the United States District C0urt for the Southern District of Ohio in case no. 05-CV~0784, Judge Michae1 H. Wats0n. ON MOTION ORDER Upon consideration of the unopposed motion to have the United States District Court for the S0uthern District of Ohio transmit to this court DE 90 and DE 92, video of Hoist PTS in use, labeled Exhibit J to P1aintiff‘s Memorandum in Opp0sition to H0ist's Renewed Motion for PartiaI Su1n1nary Judg1nent on Infringement of U.S. Patent No. 5,215,510, IT ls ORDERED THAT:

MAX RACK V. HOIST FITNESS 2 (1) The motion to transmit the exhibits is granted The physical exhibits will be retained by this court’s clerk’s office (2) A copy of this order shall be transmitted to the merits panel assigned to hear this case FOR THE CoURT DEC l 5 mm lsi Jan Horbaly Date J an Horbaly Clerk _ cc: Jeffrey S. Standley, Esq. John L. Haller, Esq. USDC, SD 0H, Clerk *' Fn_Eg u.s. count 0 88 me FEnEli:AiFdl§l`:blTFOR DEC 1 5 2010 lAN HORBAl.Y CLERK