Degelmann Advanced Med. Optics Inc.

Jahan C. Sagafi, San Francisco, CA, for the plaintiffs-appellants. Ben D. Whitwell, San Francisco, CA, for the defendant-appellee.
Appeal from the United States District Court for the Northern District of California, Phyllis J. Hamilton, District Judge, Presiding. D.C. No. 4:07–cv–03107–PJH.

Before: JOHN T. NOONAN and N. RANDY SMITH, Circuit Judges, and RANER C. COLLINS, District Judge.

ORDER

Pursuant to Fed. R.App. P. 42(b), this appeal is hereby DISMISSED. Each party shall pay its own costs and fees of this appeal. A certified copy of this order served on the district court shall constitute the mandate. The prior panel opinion is VACATED.
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