Case: 24-1459 Document: 22 Page: 1 Filed: 07/11/2024

NOTE: This order is nonprecedential.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 ______________________

2024-1459 ______________________

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2022- 00890. ______________________

ON MOTION ______________________

ORDER Upon consideration of appellee’s motion to withdraw from the appeal and appellant’s motion to voluntarily dis- miss this appeal pursuant to Rule 42(b)(2) of the Federal Rules of Appellate Procedure, IT IS ORDERED THAT: Case: 24-1459 Document: 22 Page: 2 Filed: 07/11/2024

2 EBATES PERFORMANCE MARKETING, INC. v. IBM

(1) The motions are granted to the extent that the ap- peal is dismissed. (2) Each side shall bear its own costs. FOR THE COURT

July 11, 2024 Date

ISSUED AS A MANDATE: July 11, 2024