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NOTE: This order is nonprecedential.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