           NOTE: This order is nonprecedential.

  United States Court of Appeals
      for the Federal Circuit
               __________________________

      TEVA PHARMACEUTICALS USA, INC.,
    THROUGH ITS GATE PHARMACEUTICALS
                 DIVISION,
              Plaintiff-Appellant,
                             v.
EISAI CO., LTD. AND EISAI MEDICAL RESEARCH,
                      INC.,
               Defendants-Appellees.
               __________________________

                       2009-1593
               __________________________

    Appeal from the United States District Court for the
District of New Jersey in case no. 08-CV-2344, Chief
Judge Garrett E. Brown, Jr.
              __________________________

                        ORDER
    Upon consideration of the order of the Supreme Court
of the United States in Eisai Co., Ltd., et al., v. Teva
Pharmaceuticals USA, Inc. Through Its Gate Pharmaceu-
ticals Division, --- S.Ct. ---- (2011), vacating this court’s
judgment,
    IT IS ORDERED THAT:
TEVA PHARMACEUTICALS   v. EISAI CO                        2


   (1) The mandate of this court issued on December 13,
2010 is recalled, the appeal is reinstated, and this court’s
October 6, 2010 judgment is vacated.
    (2) The appeal is remanded to the district court with
instructions to dismiss the complaint as moot.



                                     FOR THE COURT


   July 21, 2011                     /s/ Jan Horbaly
 ——————————                          ——————————
       Date                          Jan Horbaly
                                     Clerk


cc: Francis C. Lynch, Esq.
    Bruce M. Wexler, Esq.
