
    ELI LILLY AND COMPANY, Plaintiff-Appellee, v. TEVA PHARMACEUTICALS USA, INC., Defendant-Appellant.
    No. 2009-1322.
    United States Court of Appeals, Federal Circuit.
    Sept. 29, 2009.
   ORDER

The parties having so agreed, it is

ORDERED that the proceeding is DISMISSED under Fed. R. App. P. 42(b).  