NOTE: This order is nonprecedentia1. United States Court of AppeaIs for the FederaI Circuit IN RE CONAIR CORPORATION, Petiti0n,er. ’ Misce11aneous Docket No. 982 011 Petition for Writ of Mandamus to the United States District Court for the Eastern District 0f~Pennsy1- _vania in case no. 10-CV-1497, Judge Cynthia M. Rufe. ON PETlTION 0 R D E R Conair Corporation seeks a writ of mandamus direct- ing the United States District Court for the Eastern District of Pennsy1vania to vacate its order denying in part C0nair’s motion for a protective order and directing the district court to stay discovery proceedings pending the outcome of Conair’s motion to dismiss on the plead- ings. Bruce Rogers opposes. Rogers moves to dismiss the petition. On May 12, 2011, the district court issued an order that denied Conair’s motion to dismiss R0gers’ complaint on the pleadings Both parties have informed this court

V IN RE CONAIR CORPORATION 2 that the district court’s decision rendered this petition rnoot. According1y, IT ls 0RDsR;sD THA'r: (1) The petition is denied as moot (2) The motion to dismiss is moot FoR THE CoUnT J\jN 06 2011 /s/ J an Horba1__\{ Date J an Horba1y _ Clerk g ` cc: EdWard T. Kang, Esq. Joshua R. Slavitt, Esq. C1erk, United States District Court for the Eastern District Of Pennsy1vania FlLED U.S. COURT OF APFEALS FOR S19 THE FEDERAL ClRCUlT JUN U'6 2011 1AN HORBALY CLEH(