Case: 21-2375 Document: 39 Page: 1 Filed: 09/15/2022

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ALEXANDER LITZ, Appellant

v.

TECH GURU, LLC, Appellee ______________________

2021-2375 ______________________

Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board in No. 91214713. ______________________

ON MOTION ______________________

PER CURIAM. ORDER Alexander Litz moves to voluntarily withdraw his ap- peal “without the imposition of cost or attorney fees.” Mot. at 1. Tech Guru, LLC responds and “does not object to [Mr.] Litz’s withdrawal of his appeal, but it disagrees with [Mr.] Litz’s request that such withdrawal occur without the im- position of costs or attorney fees” because it “continues to believe that [Mr.] Litz’s appeal is frivolous and that it has Case: 21-2375 Document: 39 Page: 2 Filed: 09/15/2022

2 LITZ v. TECH GURU, LLC

been pursued for purposes of vexatiousness.” ECF No. 38 at 1. Upon consideration thereof, IT IS ORDERED THAT: The court has sua sponte determined that the award of attorneys’ fees and costs is not appropriate. Mr. Litz’s mo- tion is granted to the extent the appeal is dismissed with each party to bear its own costs. FOR THE COURT

September 15, 2022 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court

ISSUED AS A MANDATE: September 15, 2022