STUART v. RPM INTERNATIONAL, INC. , No. 19-1994 (Fed. Cir. 2022)

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Case: 19-1994 Document: 84 Page: 1 Filed: 05/06/2022 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ ALAN STUART, Trustee for the Cecil G. Stuart and Donna M. Stuart Revocable Living Trust Agreement, CDS DEVELOPMENT LLC, Appellants v. RPM INTERNATIONAL, INC., RUST-OLEUM CORPORATION, Appellees KATHERINE K. VIDAL, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Intervenor ______________________ 2019-1994 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR201702158. ------------------------------------------------RUST-OLEUM CORPORATION, RPM INTERNATIONAL, INC., Appellants Case: 19-1994 Document: 84 2 STUART Page: 2 Filed: 05/06/2022 v. RPM INTERNATIONAL, INC. v. KATHERINE K. VIDAL, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Intervenor ______________________ 2019-2238 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR201702158. ______________________ ORDER Upon consideration of Alan Stuart and CDS Development LLC’s failure to have counsel file an entry of appearance in accordance with this court’s March 1, 2022 order, ECF No. 80 in Appeal No. 2019-1994, IT IS ORDERED THAT: (1) Pursuant to the court’s March 1, 2022 order, Appeal No. 2019-1994 is dismissed. (2) The official captions are revised as above to reflect dismissal of Appeal No. 2019-1994 and the non-participation of Alan Stuart and CDS Development LLC in Appeal No. 2019-2238. (3) Rust-Oleum Corporation and RPM International, Inc.’s opening brief in Appeal No. 2019-2238 is due no later Case: 19-1994 STUART Document: 84 Page: 3 Filed: 05/06/2022 v. RPM INTERNATIONAL, INC. 3 than 60 days from the date of filing of this order. (4) Kasowitz Benson Torres LLP is directed to serve a copy of this order on Stuart and CDS Development within three days of the date of filing of this order. FOR THE COURT May 6, 2022 Date /s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court

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