IBM v. ZILLOW GROUP, INC. , No. 24-1170 (Fed. Cir. 2024)
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Case: 24-1170 Document: 46 Page: 1 Filed: 06/25/2024 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ INTERNATIONAL BUSINESS MACHINES CORPORATION, Appellant v. ZILLOW GROUP, INC., ZILLOW, INC., Cross-Appellants ______________________ 2024-1170, 2024-1274 ______________________ Appeals from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Nos. IPR202200646 and IPR2023-00259. -------------------------------------------------EBATES PERFORMANCE MARKETING, INC., dba Rakuten Rewards, Appellant v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Appellee ______________________ 2024-1238 Case: 24-1170 Document: 46 2 Page: 2 IBM Filed: 06/25/2024 v. ZILLOW GROUP, INC. ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR202200646. ______________________ ON MOTION ______________________ ORDER Ebates Performance Marketing, Inc., dba Rakuten Rewards, moves unopposed to withdraw as a party in Appeal No. 2024-1170, and Ebates and International Business Machines Corporation file a joint stipulation of voluntary dismissal pursuant to Federal Rule of Appellate Procedure 42(b) in Appeal No. 2024-1238 wherein they agree that each party shall bear its own costs. Zillow Group, Inc. and Zillow, Inc. (collectively, “Zillow”) move unopposed for a 29day extension of time to file their principal and response brief. The court notes that Zillow submitted a principal and response brief on June 20, 2024, docketed as ECF No. 45 in Appeal No. 2024-1170. Upon consideration thereof, IT IS ORDERED THAT: (1) Ebates’s motion to withdraw as a party in Appeal No. 2024-1170, ECF No. 43, is granted. The revised official and short captions are reflected in this order. (2) Zillow’s motion for an extension of time, ECF No. 42, is denied as moot. (3) Appeal No. 2024-1238 is dismissed. Each party shall bear its own costs regarding Appeal No. 2024-1238. Case: 24-1170 IBM Document: 46 v. ZILLOW GROUP, INC. Page: 3 Filed: 06/25/2024 3 (4) The Clerk of Court shall forward a copy of this order to the merits panel assigned to Appeal Nos. 2024-1170 and 2024-1274. FOR THE COURT June 25, 2024 Date ISSUED AS A MANDATE (as to Appeal No. 2024-1238 only): June 25, 2024
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