NESTED BEAN, INC. v. BIG BEINGS USA PTY LTD. , No. 23-1838 (Fed. Cir. 2023)

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Case: 23-1838 Document: 40 Page: 1 Filed: 12/08/2023 NOTE: This order is nonprecedential.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 Commerce 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. IPR202001234. ------------------------------------------------BIG BEINGS USA PTY LTD., LB ONLINE & EXPORT PTY LTD., dba Love to Dream Online and Exports, Appellants Case: 23-1838 2 Document: 40 Page: 2 NESTED BEAN, INC. Filed: 12/08/2023 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. IPR202001234. ______________________ ON MOTION ______________________ ORDER Upon consideration of cross-appellants’ unopposed motion 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 NESTED BEAN, INC. Page: 3 v. BIG BEINGS USA PTY LTD. Filed: 12/08/2023 3 (4) The Clerk of Court shall transmit a copy of this order 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

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