Court of Appeals for the Federal Circuit October 8, 2009, No. 2008-1288 (MBO Laboratories, Inc. v. Becton, Dickinson & Co.)

ORDER

The judicial panel before whom this appeal shall be submitted has decided sua sponte to dismiss the cross-appeal, No.2009-1152, filed in this matter. The parties are ordered to file corrected briefs deleting references to the cross-appeal as follows: Becton Dickinson and Company’s brief should be received by the clerk’s office on October 16, 2009 by 5 p.m. MBO Laboratories, Inc.