Saber Interactive Incorporated v. Oovee Ltd
Opinion
Case: 21-2046 Document: 69 Page: 1 Filed: 05/03/2022
NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
______________________
SABER INTERACTIVE INCORPORATED, NKA S3D
INTERACTIVE, INC.,
Appellant v.
OOVEE LTD,
Appellee
KATHERINE K. VIDAL, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE,
Intervenor ______________________
2021-2046 ______________________
Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board in No. 91248894.
______________________
ON MOTION
______________________
PER CURIAM.
Case: 21-2046 Document: 69 Page: 2 Filed: 05/03/2022 2 SABER INTERACTIVE INCORPORATED v. OOVEE LTD
ORDER
Appellant moves to voluntarily dismiss its appeal with prejudice and that “each party shall bear their own costs and attorneys’ fees.” In response, appellee “does not con- test the withdrawal of the appeal and resultant cancella- tion of oral argument” but argues that the dismissal should be conditioned on an award of fees for the appeal due to appellant’s “delay tactics” and “vexatious litigation prac- tice.”
Upon consideration thereof, IT IS ORDERED THAT:
The court has sua sponte determined that the award of attorneys’ fees and costs is not appropriate. The appeal is dismissed with prejudice, and the oral argument scheduled for May 4, 2022, is cancelled.
FOR THE COURT May 3, 2022 /s/ Peter R. Marksteiner Date Peter R. Marksteiner
Clerk of Court ISSUED AS A MANDATE: May 3, 2022
Case-law data current through September 30, 2026. Source: CourtListener bulk data.