NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit BAXTER HEALTHCARE CORPORATION, BAXTER HEALTHCARE SA, AND BAXTER INTERNATIONAL, INC., Plain.tiffs-Appellan,ts, AND DEKA PRODUCTS LIMITED PARTNERSHIP, PZain,tiff-Appellant, n v. _ FRESENIUS MEDICAL CARE HOLDINGS, INC., FRESENIUS MEDICAL CARE NORTH AMERICA, AND FRESENIUS USA, INC., Defendants-Appellees. 2011-1268 Appea1 from the United States District C0urt for the N0rthern District of Ca1if0rnia in case n0. 07-CV-1359, Judge Phy11is J. Ha1ni1t0n. _ BAXTER HEALTHCARE CORPORATION, BAXTER HEALTHCARE SA, AND BAXTER INTERNATIONAL, INC.,

BAXTER HEALTH V. FRESENIUS MEDICAL 2 Plaintiffs-Appellees, AND DEKA PRODUCTS LIMITED PARTNERSHIP, Plaintiff-Appellee, v. FRESENIUS MEDICAL CARE HOLDINGS, INC., FRESENIUS MEDICAL CARE NORTH AMERICA, AND FRESEN".[US USA, INC., Defen,dan,ts-Appellants. - 2011-1302 Appeal from the United States District Court for the Northern District of California in case no. 07-CV-1359, Judge Phyllis J. Hamilton. ` ON MOTION ORDER Fresenius Medical Care Holdings, Inc., Fresenius Medica1 Care North America, and Fresenius USA, Inc., move without opposition to withdraw their cross-appeal no. 2011-1302. Upon consideration there0f, IT ls OR:oERED THAT: (1) The motion to withdraw 2011-1302 is granted The appeal is dis1nissed. (2) Each side shall bear its own costs in 2011-1302

3 BAXTER HEALTH V. FRESENIUS MEDICAL (3) The revised official caption for 2011-1268 is re- flected above FoR THE CoUR'1‘ SEP 22 2011 /s/ J an Horba1y Date J an Horbaly Clerk cci David K. Callahan, Esq. Maureen K. Toohey, Esq. Juanita R. Brooks, Esq. s2l lssued As A Mandate (As To 2011-1302 Only): lo FILED u.s. comer 0F APP ron mr FEnERAr_ crfzpél)Sn SEP 22 2011 .|AN |'l0RBALY CLERK