Nested Bean, Inc. v. Big Beings USA Pty Ltd.

U.S. Court of Appeals for the Federal Circuit

Nested Bean, Inc. v. Big Beings USA Pty Ltd.

Opinion

Case: 23-1838    Document: 40     Page: 1    Filed: 12/08/2023




           NOTE: This order is nonprecedential.


   United States Court of Appeals
       for the Federal Circuit
                  ______________________

                  NESTED BEAN, INC.,
                      Appellant

                             v.

    BIG BEINGS USA PTY LTD., LB ONLINE &
 EXPORT PTY LTD., dba Love to Dream Online and
                   Exports,
                   Appellees

                             v.

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

                        2023-1838
                  ______________________

     Appeal from the United States Patent and Trademark
 Office, Patent Trial and Appeal Board in No. IPR2020-
 01234.
            -------------------------------------------------

    BIG BEINGS USA PTY LTD., LB ONLINE &
 EXPORT PTY LTD., dba Love to Dream Online and
                   Exports,
                  Appellants
Case: 23-1838    Document: 40     Page: 2    Filed: 12/08/2023




 2               NESTED BEAN, INC. v. BIG BEINGS USA PTY LTD.




                             v.

                  NESTED BEAN, INC.,
                         Appellee
                  ______________________

                        2023-1932
                  ______________________

     Appeal from the United States Patent and Trademark
 Office, Patent Trial and Appeal Board in No. IPR2020-
 01234.
                  ______________________

                      ON MOTION
                  ______________________

ORDER

     Upon consideration of cross-appellants’ unopposed mo-
 tion to voluntarily dismiss their cross-appeal, Appeal No.
 2023-1932, pursuant to Rule 42(b) of the Federal Rules of
 Appellate Procedure,
     IT IS ORDERED THAT:
     (1) The motion is granted. Appeal No. 2023-1932 is
 dismissed. The revised official caption for the remaining
 appeal, Appeal No. 2023-1838, is reflected in this order.
    (2) Each side shall bear its own costs as to Appeal No.
 2023-1932.
     (3) The Director’s brief in Appeal No. 2023-1838 is due
 no later than January 2, 2024. Appellant’s reply brief is
 due no later than 40 days after service of the Director’s
 brief.
Case: 23-1838     Document: 40     Page: 3      Filed: 12/08/2023




 NESTED BEAN, INC. v. BIG BEINGS USA PTY LTD.                 3



     (4) The Clerk of Court shall transmit a copy of this or-
 der to the merits panel assigned to Appeal No. 2023-1838.
                                                FOR THE COURT




 December 8, 2023
      Date

 ISSUED AS A MANDATE (as to 2023-1932 only):
 December 8, 2023


Reference

Status
Unpublished