Opinions

This morning the Federal Circuit released four nonprecedential orders. Each order dismisses an appeal. Here is text from the orders.

In re Asetek Danmark A/S (Nonprecedential Order)

Upon consideration of the parties’ joint motion to voluntarily dismiss Appeal No. 2022-1086, pursuant to Federal Rule of Appellate Procedure 42(b), and CoolIT Systems, Inc.’s unopposed motion to withdraw from Appeal No. 2022-1049,

IT IS ORDERED THAT:

(1) The motion to dismiss is granted. Appeal No. 2022-1086 is dismissed.

(2) Each side shall bear its own costs as to Appeal No. 2022-1086.

(3) The motion to withdraw is granted. CoolIT is withdrawn from Appeal No. 2022-1049. The revised official caption and short caption for Appeal No. 2022-1049 are reflected in this order.

(4) The United States Patent and Trademark Office (PTO) is directed to inform the court within 30 days of the date of filing of this order whether it intends to intervene in Appeal No. 2022-1049.

(5) If the PTO elects to participate as intervenor, its brief is due within 40 days of the date of filing of its notification of election. Asetek Danmark A/S may file its reply brief within 21 days of the date of filing of the PTO’s brief.

(6) If the PTO elects not to participate, Asetek Danmark shall file its appendix within 10 days of the date of filing of the PTO’s notice.

(7) The Clerk of Court shall transmit a copy of this order to the merits panel assigned to Appeal No. 2022-1049.

Lowe v. Shieldmark, Inc. (Nonprecedential Order)

ShieldMark, Inc., Advanced Plastics, Inc., and Crown Equipment Corporation (collectively, “ShieldMark”) move to dismiss this appeal as premature and for sanctions pursuant to Rule 38 of the Federal Rules of Appellate Procedure. Clifford A. Lowe and InSite Solutions, LLC, nka Spota LLC, (collectively, “Lowe”) oppose. We grant the motion to dismiss the appeal as premature and deny the motion for sanctions.

US Inventor, Inc. v. Vidal (Nonprecedential Order)

Upon consideration of the appellants’ unopposed motion to dismiss this appeal pursuant to Rule 42 of the Federal Rules of Appellate Procedure and the parties’ joint response to the court’s November 8, 2022, order,

IT IS ORDERED THAT:

(1) The motion is granted to the extent that the appeal is withdrawn.

(2) The parties shall bear their own costs

Xilinx, Inc. v. Analog Devices, Inc. (Nonprecedential Order)

Upon consideration of Xilinx, Inc. and Xilinx Asia Pacific Pte. Ltd.’s unopposed motion to voluntarily dismiss this appeal pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure,

IT IS ORDERED THAT:

(1) The motion is granted to the extent that the appeal is dismissed.

(2) Each side shall bear its own costs.