NOTE: This order is nonprecedential. United States Court of AppeaIs for the Federal Circuit \ APoTEX 1Nc., Plaintiff-Appellant, V. EISAI, INC. AND EISAI CO., LTD., f Defen,dan,ts-Appellees. 2010-1559 Appeal from the United States District Court for the Middle District of North Carolina in case no. 09-CV-0477, Chief Judge J ames A. Beaty, Jr. ON MOTION ORDER Upon consideration of Ap0tex, lnc.’s motion to volun- tarily withdraw its appeal, IT ls ORDERED THAT: (1) The motion is granted The appeal is dismissed

APOTEX V. EISAI 2 (2) Each side shall bear its own costs. (3) All other pending motions are denied as moot. FoR THE CoURT 1 3 /s/ Jan Horbal}§ Date cc: R0bert B. Breisb1att, Esq. Bruce M. Wexler, Esq. s21 J an Horbaly Clerk Issued As A Mandate: l 3 mm FILE u.s. count 0 APPEA1_s F0R me FEOEliAL macon |JEC 13 2010 .|AN |I)RBAL¥ CLERK