In Re Fusion-Io, Inc.

Opinion

Case: 12-139 Document: 5 Page: 1 Filed: 09/26/2012

NOTE: This order is nonprecedential.

mlntteb ~tate5 ~ourt of ~peaI5 for tbe jfeberaI ~trcutt

IN RE FUSION-10, INC.,

Petitioner.

Miscellaneous Docket No. 139

On Petition for Writ of Mandamus to the United States District Court for the Eastern District of Texas in case no.

11-CV-0391, Judge Rodney Gilstrap.

ORDER

Fusion-io, Inc. submits a petition for a writ of mandamus to direct the United States District Court for the Eastern District of Texas to grant its motion to transfer a severed portion of the action to the United States District Court for the District of Utah.

Upon consideration thereof, IT Is ORDERED THAT: Solid State Storage Systems, Inc. IS directed to respond no later than October 4, 2012.

Case: 12-139 Document: 5 Page: 2 Filed: 09/26/2012

IN RE FUSION-IO, INC. 2

FOR THE COURT

SEP 26 2012 lsi Jan Horbaly Date Jan Horbaly Clerk

cc: Scott F. Partridge, Esq.

Christopher James Mierzejewski, Esq. David Sochia, Esq. U.S. District Court, E.D. Tex., Clerk s8

FILED

U.s. COURT OF APPeALS FOR THE FEDERAL CIRCUIT

SEP 26 l012

JAN HORBAlY

CLERK