Case: 19-2238 Document: 20 Page: 1 Filed: 10/25/2022

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

RUST-OLEUM CORPORATION, RPM INTERNATIONAL, INC., Appellants

v.

KATHERINE K. VIDAL, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Intervenor ______________________

2019-2238 ______________________

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2017- 02158. ______________________

ORDER The parties having so agreed, it is ordered that: (1) The proceeding is DISMISSED under Fed. R. App. P. 42 (b). Case: 19-2238 Document: 20 Page: 2 Filed: 10/25/2022

2 RUST-OLEUM CORPORATION V. VIDAL

(2) Each side shall bear their own costs.

FOR THE COURT

October 25, 2022 Date /s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court

ISSUED AS A MANDATE: October 25, 2022