THERASENSE, INC. V. BECTON, DICKINSON AND CO. , No. 12-1365 (Fed. Cir. 2012)

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This opinion or order relates to an opinion or order originally issued on August 17, 2012.

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Case: 12-1365 Document: 34 Page: 1 Filed: 10/23/2012 NOTE: This order is nonprecedential.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. missed. The appeals are dis- Case: 12-1365 3 Document: 34 Page: 3 Filed: 10/23/2012 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 reflected 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