Case: 23-1013 Document: 22 Page: 1 Filed: 05/11/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ MERCK SHARP & DOHME, LLC, Plaintiff-Appellee v. MYLAN PHARMACEUTICALS INC., Defendant-Appellant ______________________ 2023-1013 ______________________ Appeal from the United States District Court for the Northern District of West Virginia in No. 1:19-cv-00101- IMK, Judge Irene M. Keeley. ______________________ ON MOTION ______________________ ORDER Upon consideration of the parties’ joint stipulation to dismiss this appeal under Rule 42(b) of the Federal Rules of Appellate Procedure, which the court construes as a joint motion to dismiss, IT IS ORDERED THAT: (1) The motion is granted. The appeal is dismissed.

Case: 23-1013 Document: 22 Page: 2 Filed: 05/11/2023

2 MERCK SHARP & DOHME, LLC v. MYLAN PHARMACEUTICALS INC.

(2) Each side to bear its own costs.

FOR THE COURT May 11, 2023 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court ISSUED AS A MANDATE: May 11, 2023