NOTE: This order is nonprecedential. United States Court of AppeaIs for the Federal Circuit MBO LABORATORIES, INC., Plaintiff-Appellant, ' V. BECTON, DICKINSON & COMPANY, Defendant-Appellee. 2011-1446 `` Appeal from the United States District Court for the District of Massachusetts in case no. 03-CV-10038, Judge Richard G. Stearns. ON MOTION ORDER Becton, Dickinson & Company moves without opposi- tion for a 3-day extension of time, until October 14, 2011 to file its principal brief. Becton, Dickinson & Company moves for leave to file physical examples of the safety syringe products it asserts are at issue in the appeal. MBO Laboratories, Inc. c0nsents, provided that it is also permitted to submit physical samples MBO LABS V. BECTON DICK.INSON 2 The movant does not state that the samples are physical exhibits that were Hrst presented to the trial court or that the samples are part of the record on appeal Thus, the court defers the motion concerning the samples to the merits panel. Upon consideration thereof, IT lS ORDERED TH.ATI (1) The motion for an extension of time is.granted. (2) The motion for leave to file physical samples with the court is deferred for consideration by the merits panel assigned to hear this case. Copies of the motion and this order shall be transmitted to the merits panel FOR THE COURT UCT 1 l /s/ Jan I-Iorbaly Date J an Horbaly Clerk cc: John M. Skenyon Esq. FH..ED . . ’ 3.S. L1sa Jon P1rozzolo, Esq. 132 321 ocr 11 ann .|AN HORBALY CLERK