ON MOTION

ORDER

Apple Inc. moves without opposition to withdraw its cross-appeal no. 2011-1393.

Upon consideration thereof,

It Is Ordered That:

(1) The motion to withdraw 2011-1393 is granted. The appeal is dismissed.

(2) Each side shall bear its own costs in 2011-1393.

(3) The revised official caption for 2011-1392 is reflected above.