Abbott GmbH & Co. KG. v. Yeda Research and Development Co., Ltd., No. 10-1444 (Fed. Cir. Mar. 4, 2011) — Order on Motion

Nove: This order is nonprecedential. Gnited States Court of Appeals

for the federal Circutt

ABBOTT GMBH & CO. KG,

Petitioner-Appellee,

Vv.

YEDA RESEARCH AND DEVELOPMENT CO., LTD.,

Defendant-Appellant. ,

²⁰¹⁰-¹⁴⁴⁴

Appeal from the United States District Court for the District of Columbia in 00-CV-1720, Judge Ricardo M. Urbina.

ON MOTION

Before PRost, MAYER, and MOORE, Circuit Judges.

Moore, Circuit Judge.

ORDER

Abbott GmbH & Co., KG moves to dismiss Yeda Research and Development Co., Ltd.’s appeal for failure to prosecute and for lack of jurisdiction. Yeda opposes in2 ABBOTT GMBH v. YEDA RESEARCH 2 part. Yeda moves to withdraw its appeal without prejudice. Abbott opposes. Yeda replies.

Yeda failed to file its brief by the brief due date. Yeda does not contest that it did not file a brief. Yeda also agrees that its notice of appeal should be dismissed because it seeks review of a nonfinal order of the United States District Court for the District of Columbia. Yeda requests that this court designate any dismissal as being without prejudice "in an abundance of caution." This court does not ordinarily designate appeals as being dismissed with or without prejudice. We see no reason to do so here.

Accordingly, It Is ORDERED THAT:

(1) Yeda’s motion is granted. The appeal is dismissed.

(2) Each side shall bear its own costs. (3) All other pending motions are denied as moot.

For THE COURT MAR 04 2011 /s/ Jan Horbaly

Date Jan Horbaly

Clerk

ce: James R. Ferguson, Esq.

Roger L. Browdy, Esq.

Issued As A Mandate: MAR 0 4 2011

FILED

U.S, COURT FOR

THE FEDERAL CCU

MAR 04 2011 JAN HORBALY

CLERK

Text extracted from the official PDF and reflowed for reading. It is not a certified transcript — the PDF linked above is the authoritative document.