
    NETWORK VIDEO TECHNOLOGIES, INC., Plaintiff-Appellant, v. NITEK INTERNATIONAL, LLC, Defendant-Appellee.
    No. 2008-1287.
    United States Court of Appeals, Federal Circuit.
    Jan. 16, 2009.
    
      Before PROST, Circuit Judge.
   ON MOTION

ORDER

Network Video Technologies, Inc. (NVT) moves without opposition to voluntarily dismiss its appeal. Separately, pursuant to Fed. R.App. Pro. 38, Nitek international, LLC (Nitek) moves for damages due to a frivolous appeal. NVT opposes.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) NVT’s motion to dismiss is granted.

(2) Nitek’s motion for damages is denied.

(8) Each side shall bear its own costs.  