Opinion
2023-1470 2023-1281 2023-1282 2023-1284 2023-1286 2023-1287 2023-1288 2023-1289 2023-1290 2023-1291 2023-1292 2023-1293 2023-1294
03-27-2023
In re: AMO DEVELOPMENT, LLC, Appellant v. AMO DEVELOPMENT, LLC, Appellee ALCON INC., ALCON VISION, LLC, ALCON LABORATORIES, INC., ALCON RESEARCH, LLC, Appellants
This order is nonprecedential.
Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2021-00856.
Appeals from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Nos. IPR2021-00817, IPR2021-00823, IPR2021-00824, IPR2021-00825, IPR2021-00835, IPR2021-00839, IPR2021-00840, IPR2021-00841, IPR2021-00853, IPR2021-00856, IPR2021-00858, and IPR2021-00862.
ON MOTION
Before WALLACH, Circuit Judge.
ORDER
WALLACH, CIRCUIT JUDGE.
The court construes the parties' notice of agreement, ECF No. 15 in Appeal No. 2023-1281, as a joint motion to dismiss Appeal Nos. 2023-1281, -1282, -1284, -1286, -1287, -1288, -1289, -1290, -1291, -1292, -1293, and -1294, pursuant to Federal Rule of Appellate Procedure 42(b), and for Alcon Inc., Alcon Vision, LLC, Alcon Laboratories, Inc., and Alcon Research, LLC to withdraw from Appeal No. 2023-1470.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion is granted. The appeals are deconsoli-dated to the extent that Appeal Nos. 2023-1281, -1282, -1284, -1286, -1287, -1288, -1289, -1290, -1291, -1292, -1293, and -1294 are dismissed, and the official captions and the short caption for Appeal No. 2023-1470 are revised as reflected above.
(2) Each party shall bear its own costs relative to the dismissed appeals.
(3) The briefing schedule for Appeal No. 2023-1470 is stayed.
(4) Within 30 days from the date of filing of this order, the United States Patent and Trademark Office (PTO) is directed to inform this court whether it intends to intervene in Appeal No. 2023-1470.
(5) If the PTO elects to participate as intervenor in Appeal No. 2023-1470, its docketing statement is due within 14 days of the date of filing of its notice of intervention.
ISSUED AS A MANDATE (as to Appeal Nos. 2023-1281, -1282, -1284, -1286, -1287, -1288, -1289, -1290, -1291, -1292, -1293, and -1294 only): March 27, 2023