Case: 12-1479 Document: 13 Page: 1 Filed: 10/01/2012

NOTE: This order is nonprecedential.

Wniteb ~tate~ (!Court of §ppeaI~ for tge jfeberaI (!Circuit

ACTIVEVIDEO NETWORKS, INC., Plaintiff-Appellee, v. VERIZON COMMUNICATIONS, INC., VERIZON SERVICES CORP., VERIZON VIRGINIA INC., AND VERIZON SOUTH INC., Defendants-Appellants.

2012-1479

Appeal from the United States District Court for the Eastern District of Virginia in case no. 10-CV-0248, Judge Raymond A. Jackson.

ON MOTION

ORDER Verizon Communications, Inc., Verizon Services Corp., Verizon Virginia Inc., and Verizon South Inc. (collectively "Verizon") respond to the court's Au- gust 29,2012 order and move unopposed to withdraw the appeal. Upon consideration thereof, Case: 12-1479 Document: 13 Page: 2 Filed: 10/01/2012

ACTlVEVIDEO NETWORKS v. VERIZON COMMUNICATIONS 2

IT Is ORDERED THAT: (1) The motion to withdraw the appeal is granted. Appeal 2012-1479 is dismissed. (2) Each party shall bear its own costs. FOR THE COURT

OCT 0 1 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk cc: Michael J. Lyons, Esq. Michael K. Kellogg, Esq. s25

Issued As A Mandate: _O_C_T_O_1_2..:. . .01.: ;. .2__