NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit CIVlX-DDI, LLC, Plaintiff-Appellant, V. HOTELS.COM GP, LLC AND HOTELS.COM, L.P., Defendants-Appellees. _ 2011-1599 Appeal from the United StateS DiSt1'ict Court for the Northern District of IlIinois in case no. 05-CV-6869, Judge Amy J. St. EVe. ON MOTION Before DYK, Circuit Judge. ORDER Ci\/ix-DDI, LLC (Civix) moves for a stay of the appeal pending decisions by this court in Akamai Techn0logies, Inc. v. LimeZight Netw0rks, Inc., No. 2009-1372 and McKesson Techn0l0gies In,c. v. Epic Systems C0rp., No. 2010-1291, both currently pending en banc Hote1S.com GP, LLC and Hotels.con1, L.P. (co11ectively H0te1s.con1)

CIVlX-DDI V. HOTELS.COM 2 oppose. Civix replies. Hotels.com files a motion for leave to file a sur-reply and an accompanying proposed sur-reply, to respond to new issues raised by Civix’s reply. Civix asserts that the issues in this case share similarities with those presented in Akamai and McKesson with regard to the proper standards for joint infri_ngement. Civix further argues that the district court relied on the now-vacated Akamai and McKess0n panel opinions in granting summary judgment of non-infringement, the decision from which Civix now appeals, and that the outcomes of the en banc rehearings consequently may narrow the issues in this appeal. Hotels.com responds that the district court’s judgment relied on other grounds and that Akamai and McKesson have "only potential and tangential relevance" to this appeal. -~ We note that oral arguments in Akomai and McKesson will be held on Noven1ber 18, 2011. Upon consideration thereof IT lS 0RDERED THATZ (1) Civix’s motion for a stay is denied. (2) Hotels.co1n’s motion for leave to file a sur-reply is denied as moot. FoR THE CoURT NOV 1 4 2011 lsi J an Horbaly Date J an Horba1y Clerk FELED as count 0F APPEALs F0R ms renew macon NOV 14 2011 JAN HORBA|.Y CLER‘K

3 cc: Raymond P. Niro, Esq. Atif N. Khawaja, Esq. 1523 CIVIX-DDI V. HOTELS.COM