NOTE: This order is nonprecedential.

Wniteb ~tate~ ((ourt of ~peaI~ for tlJe jfeberaI ((ircuit

K-TEC, INC., Plaintiff-Appellee, v. VITA-MIX CORPORATION, Defendant-Appellant.

2011-1244, -1484, -1512

Appeals from the United States District Court for the District of Utah in case no. 06-CV-0108, Judge Tena Campbell.

VITA-MIX CORPORATION, Appellant, v. DAVID J. KAPPOS, DIRECTOR, UNITED STATES PATENT AND TRADEMARK OFFICE, Appellee, AND

K-TEC, INC., Appellee. K-TEC v. VITA-MIX CORP 2

2012-1024 (Reexamination No. 95/000,339)

Appeal from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences.

ON MOTION

ORDER Vita-Mix Corporation moves for leave to treat the above-captioned cases as companion cases for purposes of oral argument. K-Tee, Inc. moves for an extension of time in 2012-1024, until December 27, 2011 for Vita-Mix Corporation to file its opening brief and for an extension of time, until February 22, 2012, for David J. Kappos and K-Tec, Inc. to file their responsive briefs. Accordingly, IT Is ORDERED THAT:

(1) The motions are granted to the following extent: the cases will be treated as companion cases, the appel- lant's opening brief in 2012-1024 is due December 27, 2011, and the responsive briefs of Kappos and K-Tec in 2012-1024 are due February 22,2012. Further extensions should not be anticipated. (2) A copy of this order shall be transmitted to the merits panel assigned to hear this case. (3) The revised official caption in 2012-1024 is re- flected above. 3 K·TEC v. VITA·MIX CORP

FOR THE COURT

DEC 152011 lsI Jan Horbaly Date Jan Horbaly Clerk cc: Alan L. Briggs, Esq. Brett L. Foster, Esq. L. Grant Foster, Esq. u.s. couJ~'PEALS FOR THE FEDERAL CIRCUIT Raymond T. Chen, Esq. s21 DEC 152011

JAN HORBAlY CLERK