Case: 24-1618 Document: 22 Page: 1 Filed: 10/29/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ WIRTGEN AMERICA, INC., Appellant v. CATERPILLAR INC., Appellee ______________________ 2024-1618, 2024-1619 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2022- 01264, IPR2022-01277. ______________________ ORDER The parties having so agreed, it is ordered that: (1) The proceeding is DISMISSED under Fed. R. App. P. 42 (b).

Case: 24-1618 Document: 22 Page: 2 Filed: 10/29/2024

2 WIRTGEN AMERICA, INC. V. CATERPILLAR INC.

(2) Each side shall bear their own costs.

FOR THE COURT

October 29, 2024 Date

ISSUED AS A MANDATE: October 29, 2024