Case: 12-1365 Document: 34 Page: 1 Filed: 10/23/2012

NOTE: This order is nonprecedential.

Wniteb ~tate~ <!Court of ~peaI~ for tbe jfeberaI <!Circuit

THERASENSE, INC. (NOW KNOWN AS ABBOTT DIABETES CARE, INC.) AND ABBOTT LABORATORIES, Plaintiffs-Appellees,

v. BECTON, DICKINSON AND COMPANY AND NOVA BIOMEDICAL CORPORATION, Defendants-Appellants,

AND

BAYER HEALTHCARE LLC, Defendant.

2012-1504

Appeal from the United States District Court for the Northern District of California in consolidated case nos. 04-CV-2123, 04-CV-3327, 04-CV-3732, and 05-CV-3117, Judge William H. Alsup.

THERASENSE, INC. (NOW KNOWN AS ABBOTT DIABETES CARE, INC.) AND ABBOTT LABORATORIES, Case: 12-1365 Document: 34 Page: 2 Filed: 10/23/2012

THERASENSE, INC. V. BECTON, DICKINSON AND COMPANY 2

Plaintiffs-Appellants,

v. BECTON, DICKINSON AND COMPANY AND NOVA BIOMEDICAL CORPORATION, Defendants-Appellees,

AND

BAYER HEALTHCARE LLC, Defendant-Appellee.

2012-1365, -1503

Appeals from the United States District Court for the Northern District of California in consolidated case nos. 04-CV-2123, 04-CV-3327, 04-CV-3732, and 05-CV-3117, Judge William H. Alsup.

ON MOTION

ORDER

Upon consideration of Therasense, Inc. and Abbott Laboratories's unopposed motion to withdraw appeals 2012-1365 and 2012-1503,

IT Is ORDERED THAT:

(1) The motion is granted. The appeals are dis- missed. Case: 12-1365 Document: 34 Page: 3 Filed: 10/23/2012

3 THERASENSE, INC. V. BECTON DICKINSON AND COMPANY

(2) Each side shall bear its own costs in 2012-1365 and 2012-1503. (3) The revised official caption in 2012-1504 is re- flected above. Becton's principal brief in 2012-1504 is due within 30 days of the date of filing of this order.

FOR THE COURT

/s/ Jan Horbaly Jan Horbaly Clerk

s25

Issued As A lVUlll;date (For 2012-1365 and 2012-1503 Only): OCT Z j 2012