EBATES PERFORMANCE MARKETING, INC. v. IBM , No. 24-1232 (Fed. Cir. 2024)

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Case: 24-1232 Document: 17 Page: 1 Filed: 04/29/2024 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ EBATES PERFORMANCE MARKETING, INC., dba Rakuten Rewards, Appellant v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Appellee ______________________ 2024-1232 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR202200438. ______________________ ORDER The parties having so agreed, it is ordered that: (1) The proceeding is DISMISSED under Fed. R. App. P. 42 (b). Case: 24-1232 2 Document: 17 Page: 2 Filed: 04/29/2024 EBATES PERFORMANCE MARKETING, INC. V. IBM (2) Each side shall bear their own costs. FOR THE COURT April 29, 2024 Date ISSUED AS A MANDATE: April 29, 2024

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