NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit 02 MICRO INTERNATIONAL LTD., Plaintiff-Appellee, - V. JOHN D. VAN LOBEN SELS, Defendant-Appellant. 2011-1031 Appea1 from the United States District C0urt for the Eastern District of Texas in case n0. 04-CV-0032, Mag`1s- trate Judge Charles Everingham, IV. 02 MICRO INTERNATIONAL LTD., Plain,tiff-Appellee, V. BEYOND INNOVATION TECHNOLOGY CO., LTD., Defendant-Appellant, AND FSP TECHNOLOGY, INC. (FORMERLY KNOWN AS SPI ELECTRONIC CO., LTD.), FSP GROUP, AND

02 MICRO INTL V. VAN LOBEN SELS 2 LIEN CHANG ELECTRONIC ENTERPRISE CO., LTD., Defendcmts. 2011-1054 Appea1 from the United States District Court for the Eastern District of Texas in case no. 04-CV-0y032, Magis- trate Judge Charles Everingham, lV. ON MOTION Before RADER, Chief Judge. ' 0 R D E R . Beyond Innovation Techno1ogy, Co. (BIT) moves to separate this appeal into two appeals and separately moves to set the briefing schedule for 2011-1054 and for leave to file a separate joint appendix for 2011-1054 John D. Van Loben Sels opposes 02 Micro Internationa1 LTD. (O2) replies. Because the appeals are separate but involve review of the same district court order, 2011-1031 and 2011-1054 will proceed as companion cases and will be heard con- secutively before the same merits panel Upon consideration thereof, IT ls ORDERED THAT; (1) BIT’s motions are granted

3 02 MICRO INTL V. VAN LOBEN SELS (2) We treat 2011-1031 and 2011-1054 as companion cases. (3) The revised official captions are reflected above. (4) The motion to set the briefing schedule for 2011- 1054 is granted. O2’s brief in response to the brief of BIT is due within 21 days of the date of filing of this order, if it has not already been fled BIT’s reply brief is due no later than May 16, 2(}11. The joint appendix for 2011- 1054 is due no later than May 27, 2011. 1 FOR THE COURT APR l 2 2011 /s/ J an Horba1y Date J an Horbaly Clerk cc: Robert M. Harkins, Jr., Esq. D0nald R. McPhail, Esq. J0hn D. Van Loben Sels, Esq. s2() F ED I.S. RT ,za.,SE.r.z.'sss“ APR 12 2011 JANHOHBAL¥ CLEH(