NOTE: This order is nonprecedential.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) Each side shall bear its own costs. (3) All other pending motions are denied as moot.

FoR THE CoURT 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