American Chemical Society, Appellant, v. Ciba Corning Diagnostics Corporation, Appellee, 91 F.3d 166 (Fed. Cir. 1996)

ON MOTION

ORDER

Ciba Corning Diagnostics Corporation files a notice stating that it has filed a Notice of Election to have this case heard in a district court and that the American Chemical Society (ACS) has filed a complaint in the United States District Court for the District of Columbia. See 15 U.S.C. §§ 1071(a), (b). Hence, it appears that this appeal should be dismissed.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) ACS's appeal is dismissed.

(2) Each side shall bear its own costs.