Opinion
2024-1170 2024-1274 2024-1238
06-25-2024
INTERNATIONAL BUSINESS MACHINES CORPORATION, Appellant v. ZILLOW GROUP, INC., ZILLOW, INC., Cross-Appellants EBATES PERFORMANCE MARKETING, INC., dba Rakuten Rewards, Appellant v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Appellee
This order is nonprecedential.
Appeals from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Nos. IPR2022- 00646, IPR2023-00259
ON MOTION
ORDER
Ebates Performance Marketing, Inc., dba Rakuten Rewards, moves unopposed to withdraw as a party in Appeal No. 2024-1170, and Ebates and International Business Machines Corporation file a joint stipulation of voluntary dismissal pursuant to Federal Rule of Appellate Procedure 42(b) in Appeal No. 2024-1238 wherein they agree that each party shall bear its own costs. Zillow Group, Inc. and Zillow, Inc. (collectively, "Zillow") move unopposed for a 29-day extension of time to file their principal and response brief.
The court notes that Zillow submitted a principal and response brief on June 20, 2024, docketed as ECF No. 45 in Appeal No. 2024-1170.
Upon consideration thereof, IT IS ORDERED THAT:
(1) Ebates's motion to withdraw as a party in Appeal No. 2024-1170, ECF No. 43, is granted. The revised official and short captions are reflected in this order.
(2) Zillow's motion for an extension of time, ECF No. 42, is denied as moot.
(3) Appeal No. 2024-1238 is dismissed. Each party shall bear its own costs regarding Appeal No. 2024-1238.
(4) The Clerk of Court shall forward a copy of this order to the merits panel assigned to Appeal Nos. 2024-1170 and 2024-1274.