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COGNEX CORPORATION AND COGNEX TECHNOLOGY & INVESTMENT CORPORATION, Appellants, v. INTERNATIONAL TRADE COMMISSION, Appellee, AND MVTEC SOFTWARE GMBH AND MVTEC, LLC, Intervenors.

2011·1098

On appeal from the United States International Trade Commission in Investigation No. 337·TA·680.

ON MOTION

Before BRYSON, Circuit Judge. ORDER The International Trade Commission moves to dis· miss part of this appeal as untimely, and the other part as moot. Cognex Corporation and Cognex Technology & Investment Corporation oppose. The Commission replies. COGNEX CORP v. ITC 2

We deem it the better course to deny the motion to dismiss without prejudice to the International Trade Commission raising the issue in its brief. Accordingly, IT Is ORDERED THAT: The motion to dismiss is denied without prejudice. FOR THE COURT

MAR 21 2011 lsI Jan Horbaly Date Jan Horbaly Clerk

1IoS. couJ~~JP£ALS FOIl cc: Steven M. Bauer, Esq. Clint A. Gerdine, Esq. THE FEDERAL CIRCUIT Matthew B. Lowrie, Esq. s23 MAR 21 Z011 JAM 1IlR8AI.Y Cl£HK