          NOTE: This order is nonprecedential.


  United States Court of Appeals
      for the Federal Circuit
                ______________________

              ELCOMMERCE.COM, INC.,
                 Plaintiff-Appellant,

                           v.

          SAP AG AND SAP AMERICA, INC.,
                Defendants-Appellees.
               ______________________

                      2011-1369
                ______________________

   Appeal from the United States District Court for the
Eastern District of Pennsylvania in No. 09-CV-4458,
Judge Jan E. Dubois.
                ______________________

       ON PETITION FOR REHEARING EN BANC
                ______________________
    BEFORE PROST,∗ CHIEF JUDGE, NEWMAN, LOURIE,
  RADER, ∗∗ DYK, MOORE, O'MALLEY, REYNA, WALLACH,
    TARANTO, CHEN, AND HUGHES, CIRCUIT JUDGES.
PER CURIAM.


   ∗
       Sharon Prost assumed the position of Chief Judge
on May 31, 2014.
   ∗∗
       Randall R. Rader vacated the position of Chief
Judge on May 30, 2014.
2                          ELCOMMERCE.COM     v. SAP AG



                        ORDER
    The parties jointly move to dismiss this appeal.
    Upon consideration thereof,
    IT IS ORDERED THAT:
   (1) The motion is granted. This court's February 24,
2014 opinion and judgment are vacated.
    (2) The petition for rehearing en banc is withdrawn
and the appeal is dismissed. The case is remanded with
instructions for the district court to dismiss the case.
    (3) Each side shall bear its own costs.
                                   FOR THE COURT

                                    /s/ Daniel E. O’Toole
                                    Daniel E. O’Toole
                                    Clerk of Court


ISSUED AS A MANDATE: __June 6, 2014_______
