NOTE: This order is nonprecedentia1.

United States Court of Appeals for the Federal Circuit

TRIVITIS, INC., Plaintiff-Appellant,

V.

OCEAN SPRAY CRANBERRIES, INC., Defendcmt-Appellee.

2012-1500

Appea1 from the United States District Court for the Southern District of Ca1ifornia in case no. 10-CV-0316, Judge Jeffrey T. Miller.

ON MOTION

0 R D E R Trivitis, Inc. moves to withdraw its appea1. Upon consideration thereof, IT Is ORDERED THAT:

(1) The motion is granted. The appeal is dismissed.

TRIVITIS, INC. V. OCEAN SPRAY CRANBERRIES, INC. 2 (2) Each side shall bear its own costs.

FoR THE CoURT

SEP l 3 2012 /s/ J an Horbal Date J an Horbaly Clerk cc: Douglas D. Churovich, Esq. Jacks0n Ho, Esq. 503 26 THE FEDERA!. G|RCU|T s 13 2012 SEP 13 2012

Issued As A Mandate: SEP ____ JAN HORBN.Y

LERK