Case: 24-1802 Document: 19 Page: 1 Filed: 10/22/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

WIRTGEN AMERICA, INC., Appellant

v.

CATERPILLAR INC., Cross-Appellant ______________________

2024-1802 ______________________

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2022- 01397. ______________________

ORDER

The parties having so agreed, it is ordered that:

(1) The proceeding is DISMISSED under Fed. R. App. P. 42 (b). Case: 24-1802 Document: 19 Page: 2 Filed: 10/22/2024

2 WIRTGEN AMERICA, INC. V. CATERPILLAR INC.

(2) Each side shall bear their own costs.

FOR THE COURT

October 22, 2024 Date

ISSUED AS A MANDATE: October 22, 2024