Case: 12-138 Document: 6 Page: 1 Filed: 09/25/2012

NOTE: This order is nonprecedential.

Wniteb ~tate~ <!Court of §ppeaI~ for tbe jfeberaI <!Circuit

IN RE DENTAL IMAGING TECHNOLOGIES CORPORATION, Petitioner.

Miscellaneous Docket No. 138

On Petition for Writ of Mandamus to the United States District Court for the District of Delaware in case no. 10-CV-0288, Chief Judge Gregory M. Sleet.

ON PETITION

ORDER

Dental Imaging Technologies Corporation (Dental Imaging) submits a petition for a writ of mandamus to direct the United States District Court for the District of Delaware to vacate its September 6, 2012 order denying permission to move for summary judgment, and permit Dental Imaging to file a motion for summary judgment to be ruled on in advance of trial.

Upon consideration thereof,

IT Is ORDERED THAT: Case: 12-138 Document: 6 Page: 2 Filed: 09/25/2012

IN RE DENTAL IMAGING TECHNOLOGIES 2 Sirona Dental Systems, Inc. and California Institute of Technology are directed to respond no later than Octo- ber 12, 2012.

FOR THE COURT

SEP 25 2012 lsI Jan Horbaly Date Jan Horbaly Clerk cc: Darryl Michael Woo, Esq. John G. Day, Esq. Clerk, United States District Court for the District of Delaware s26

couRft~~PEALS u.s.1ltE FEDERAL CIRCUITFOR SEP 25 Z012 JANHORBALY CLERK