ASYMMETRX V BIOCARE MEDICAL, No. 09-1094 (Fed. Cir. 2009)

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NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit 2009-1094 ASYMMETRX, INC., Plaintiff-Appellant, v. BIOCARE MEDICAL, LLC, Defendant-Appellee. Appeal from the United States District Court for the District of Massachusetts in case no. 07-CV-11189, Judge Richard G. Stearns. ON MOTION ORDER Biocare Medical LLC. submits a motion to strike portions of Asymmetrx, Inc.'s reply brief. Upon consideration thereof, IT IS ORDERED THAT: The motion is deferred for consideration by the merits panel assigned to hear this appeal. Copies of this order, the motion, and any response or reply, shall be transmitted to the merits panel. FOR THE COURT MAY 2 0 2009 Date /s/ Jan Horbalv Jan Horbaly Clerk PIC ReUr g APPEAL P THZ ME CIRCUITOR MAY 2 0 2009 AliioUlcnnd CLERK cc: Steven M. Bauer, Esq. Douglas B. Otto, Esq. s8 2009-1094 -2-

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