NOTE: This order is nonprecedential United States Court of Appeals for the Federal Circuit FUTURELOGIC, INC., Plaintiff-Appellant, V. NANOPTIX, INC., Defenclant-Cross Appellant.

2012-1095, -1136 .

Appeals from the United States District Court for the Central District of California in case no. l0-CV-7678, Judge John F. Wa1ter.

ON MOTION ORDER Nanoptix, Inc. (“Nanoptix”) moves to strike portions of FutureLogic, Inc.’s ("FutureLogic”) Yellow Brief, asserting that those portions include new arguments and positions not raised in FutureLogic’s Blue Brief. FutureLogic opposes. Nanoptix replies.

Upon consideration thereof, FUTURELoGIC v. NANoPTIX 2 IT IS ORDERED THAT: (1) The motion is deferred for consideration by the merits panel assigned to hear the case. (2) The parties are directed to file three additional copies of the motion, opposition, and reply within 10 days of the date of filing of this order. Those copies shall be transmitted to the merits panel along with a copy of this order.

FOR THE CoURT JUL 3 "9 ?912 /S/ Jan H@rbaiy Date J an Horbaly Clerk ` oc: Brett J. Williamson, Esq.

Michael D. Rounds, Esq.

FDH “»'-a‘im§§ll=~\m..i.~..,t JUL 30 2012 JANHOHBALY CLEHK