NOTE: This order is nonprecedential

United States Court of Appeals for the Federal Circuit

ACCENT PACKAGING, INC., Plaintiff-Appellant,

V.

LEGGETT & PLATT, INC., Defendant-Appellee.

2012-1011 `

Appeal from the United States District Court for the Southern District of Texas in case no. 10-CV-1362, Judge Lynn N. Hughes.

ON MOTION

Before LOURIE, C'ircuit Judge. 0 R D E R

Accent Packaging, Inc. moves unopposed for the court to take judicial notice of United States Patent Application Publication 2012/0012013 (for application 13/220,798). Leggett & Platt moves unopposed for leave to file a sur- reply.

ACCENT PACKAGING V. LEGGETT & PLATT 2

Application 13/220,798 ("the ‘798 applioation") was not published until after Accent filed its opening brief in this appeal. Accent addressed the ‘798 application in three pages of its reply brief. Leggett & Platt moves for leave to file a surreply for the limited purpose of address- ing the arguments set forth in Accent’s reply brief relating to the ‘798 application.

Upon consideration thereof, lT IS ORDERED THATZ (1) The motion for judicial notice is granted

(2) The motion for leave to file a surreply is granted. Leggett & Platt’s surreply brief, not to exceed three pages, is due 14 days from the date of this order.

FoR THE CoI`JR'r

JUN 2 l 2012 /s/ Jan Horbaly Date J an Horbaly Clerk cc: Keith D. Jaasma, Esq. Fl D Bart A. Starr, Esq. U.S.Tfi!*fé\.l|:|§`B?;E§?.P(§§%ll-]Sr|fo|l 2 l s 5 .luN 21 1012

.|AN HORBALY CLEHK