Case: 11-1051 Document: 19 Page: 1 Filed: 05/06/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________ WENTWORTH E. MILLER, Appellant, v. ALTADIS U.S.A. INC., Appellee. __________________________ 2011-1051 __________________________ Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board in Cancellation No. 92050296. __________________________ ON MOTION __________________________ Before LOURIE, BRYSON, and MOORE, Circuit Judges.

LOURIE, Circuit Judge.

ORDER The court construes Altadis U.S.A. Inc.’s April 22, 2013 response as a motion to dismiss.

On May 26, 2011, this court granted the parties’ joint motion for a limited remand to the Trademark Trial and Case: 11-1051 Document: 19 Page: 2 Filed: 05/06/2013

WENTWORTH MILLER v. ALTADIS U.S.A., INC. 2 Appeal Board for the Board to consider a motion to vacate its judgment in light of settlement.

On August 22, 2013, the Board granted the parties’ joint motion to vacate the underlying decision on appeal, and dismissing the petition to cancel in accordance with the parties’ settlement agreement.

Upon consideration thereof, IT IS ORDERED THAT: (1) The appeal is dismissed. (2) Each side shall bear its own costs.

FOR THE COURT

/s/ Jan Horbaly Jan Horbaly Clerk s19