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

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NOTE: This order is nonprecedential.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