In Re: Asetek Danmark A/S

U.S. Court of Appeals for the Federal Circuit

In Re: Asetek Danmark A/S

Opinion

Case: 22-1049    Document: 38     Page: 1    Filed: 11/28/2022




           NOTE: This order is nonprecedential.


   United States Court of Appeals
       for the Federal Circuit
                  ______________________

            In re: ASETEK DANMARK A/S,
                        Appellant
                 ______________________

                        2022-1049
                  ______________________

     Appeal from the United States Patent and Trademark
 Office, Patent Trial and Appeal Board in No. IPR2020-
 00522.
            -------------------------------------------------

                COOLIT SYSTEMS, INC.,
                      Appellant

                             v.

                ASETEK DANMARK A/S,
                        Appellee
                 ______________________

                        2022-1086
                  ______________________

     Appeal from the United States Patent and Trademark
 Office, Patent Trial and Appeal Board in No. IPR2020-
 00524.
                  ______________________

                       ON MOTION
Case: 22-1049     Document: 38      Page: 2     Filed: 11/28/2022




 2                                  IN RE: ASETEK DANMARK A/S




                   ______________________

 Before STARK, Circuit Judge.

ORDER

     Upon consideration of the parties’ joint motion to vol-
 untarily dismiss Appeal No. 2022-1086, pursuant to Fed-
 eral Rule of Appellate Procedure 42(b), and CoolIT
 Systems, Inc.’s unopposed motion to withdraw from Appeal
 No. 2022-1049,
     IT IS ORDERED THAT:
    (1) The motion to dismiss is granted. Appeal No. 2022-
 1086 is dismissed.
    (2) Each side shall bear its own costs as to Appeal No.
 2022-1086.
      (3) The motion to withdraw is granted. CoolIT is with-
 drawn from Appeal No. 2022-1049. The revised official
 caption and short caption for Appeal No. 2022-1049 are re-
 flected in this order.
     (4) The United States Patent and Trademark Office
 (PTO) is directed to inform the court within 30 days of the
 date of filing of this order whether it intends to intervene
 in Appeal No. 2022-1049.
     (5) If the PTO elects to participate as intervenor, its
 brief is due within 40 days of the date of filing of its notifi-
 cation of election. Asetek Danmark A/S may file its reply
 brief within 21 days of the date of filing of the PTO’s brief.
      (6) If the PTO elects not to participate, Asetek Dan-
 mark shall file its appendix within 10 days of the date of
 filing of the PTO’s notice.
     (7) The Clerk of Court shall transmit a copy of this or-
Case: 22-1049    Document: 38    Page: 3   Filed: 11/28/2022




 IN RE: ASETEK DANMARK A/S                               3



 der to the merits panel assigned to Appeal No. 2022-1049.
                                  FOR THE COURT

 November 28, 2022                /s/ Peter R. Marksteiner
      Date                        Peter R. Marksteiner
                                  Clerk of Court
 cc: United States Patent and Trademark Office
 ISSUED AS A MANDATE (AS TO 2022-1086 ONLY):
 November 28, 2022


Reference

Status
Unpublished