Nested Bean, Inc. v. Big Beings USA Pty Ltd. ( 2023 )

Case: 23-1838 Document: 40 Page: 1 Filed: 12/08/2023 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ NESTED BEAN, INC., Appellant v. BIG BEINGS USA PTY LTD., LB ONLINE & EXPORT PTY LTD., dba Love to Dream Online and Exports, Appellees v. KATHERINE K. VIDAL, Under Secretary of Com- merce for Intellectual Property and Director of the United States Patent and Trademark Office, Intervenor ______________________ 2023-1838 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2020- 01234. ------------------------------------------------- BIG BEINGS USA PTY LTD., LB ONLINE & EXPORT PTY LTD., dba Love to Dream Online and Exports, Appellants Case: 23-1838 Document: 40 Page: 2 Filed: 12/08/2023 2 NESTED BEAN, INC. v. BIG BEINGS USA PTY LTD. v. NESTED BEAN, INC., Appellee ______________________ 2023-1932 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2020- 01234. ______________________ ON MOTION ______________________ ORDER Upon consideration of cross-appellants’ unopposed mo- tion to voluntarily dismiss their cross-appeal, Appeal No. 2023-1932, pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure, IT IS ORDERED THAT: (1) The motion is granted. Appeal No. 2023-1932 is dismissed. The revised official caption for the remaining appeal, Appeal No. 2023-1838, is reflected in this order. (2) Each side shall bear its own costs as to Appeal No. 2023-1932. (3) The Director’s brief in Appeal No. 2023-1838 is due no later than January 2, 2024. Appellant’s reply brief is due no later than 40 days after service of the Director’s brief. Case: 23-1838 Document: 40 Page: 3 Filed: 12/08/2023 NESTED BEAN, INC. v. BIG BEINGS USA PTY LTD. 3 (4) The Clerk of Court shall transmit a copy of this or- der to the merits panel assigned to Appeal No. 2023-1838. FOR THE COURT December 8, 2023 Date ISSUED AS A MANDATE (as to 2023-1932 only): December 8, 2023