ECOFACTOR, INC. v. GOOGLE LLC , No. 22-1971 (Fed. Cir. 2023)

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Case: 22-1971 Document: 62 Page: 1 Filed: 11/30/2023 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ ECOFACTOR, INC., Appellant v. GOOGLE LLC, ECOBEE TECHNOLOGIES ULC, DBA ECOBEE, Appellees ______________________ 2022-1971 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR202100054. ------------------------------------------------ECOFACTOR, INC., Plaintiff-Appellant v. GOOGLE LLC, Defendant-Cross-Appellant ______________________ 2022-1974 Case: 22-1971 Document: 62 2 Page: 2 Filed: 11/30/2023 ECOFACTOR, INC. v. GOOGLE LLC ------------------------------------------------Appeals from the United States District Court for the Western District of Texas in No. 6:20-cv-00075-ADA, Judge Alan D. Albright. ECOFACTOR, INC., Plaintiff-Appellee v. GOOGLE LLC, Defendant-Appellant ______________________ 2023-1101 ______________________ Appeal from the United States District Court for the Western District of Texas in No. 6:20-cv-00075-ADA, Judge Alan D. Albright. ______________________ ON STIPULATION ______________________ ORDER On November 28, 2023, Ecofactor, Inc, Google LLC, and Ecobee Technologies ULC stipulated to voluntary dismissal of Appeal Nos. 2022-1971, 2022-1974. The parties, having so agreed, IT IS ORDERED THAT: (1) Appeal No. 2022-1971 is dismissed under Fed. R. App. P. 42(b), with each side to bear their own costs. Case: 22-1971 ECOFACTOR, INC. Document: 62 v. GOOGLE LLC Page: 3 Filed: 11/30/2023 3 (2) Appeal No. 2022-1974 is dismissed under Fed. R. App. P. 42(b), with each side to bear their own costs. (3) On or before December 1, 2023, Google LLC and Ecofactor, Inc. shall file responses to the notice of oral argument in Appeal No. 2023-1101. (4) The official captions as modified, are reflected in this order. FOR THE COURT November 30, 2023 Date ISSUED AS A MANDATE (as to Appeal Nos. 20221971 and 2022-1974 only): November 30, 2023.

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