Case: 24-1232 Document: 17 Page: 1 Filed: 04/29/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ EBATES PERFORMANCE MARKETING, INC., dba Rakuten Rewards, Appellant v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Appellee ______________________ 2024-1232 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2022- 00438. ______________________ ORDER The parties having so agreed, it is ordered that: (1) The proceeding is DISMISSED under Fed. R. App. P. 42 (b).

Case: 24-1232 Document: 17 Page: 2 Filed: 04/29/2024

2 EBATES PERFORMANCE MARKETING, INC. V. IBM

(2) Each side shall bear their own costs.

FOR THE COURT

April 29, 2024 Date

ISSUED AS A MANDATE: April 29, 2024