Saber Interactive Incorporated, Nka S3d Interactive, Inc. v. Oovee Ltd

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
SABER INTERACTIVE INCORPORATED, NKA S3D
INTERACTIVE, INC.,
Appellant
v.
OOVEE LTD,
Appellee
KATHERINE K. VIDAL, UNDER SECRETARY OF
COMMERCE FOR INTELLECTUAL PROPERTY
AND DIRECTOR OF THE UNITED STATES
PATENT AND TRADEMARK OFFICE,
Intervenor
______________________
2021-2046
______________________
Appeal from the United States Patent and Trademark
Office, Trademark Trial and Appeal Board in No.
91248894.
______________________
ON MOTION
______________________
P ER CURIAM .
Case: 21-2046 Document: 69 Page: 1 Filed: 05/03/2022

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SABER INTERACTIVE INCORPORATED v. OOVEE LTD 2
O R D E R
Appellant moves to voluntarily dismiss its appeal with
prejudice and that “each party shall bear their own costs
and attorneys’ fees.” In response, appellee “does not con-
test the withdrawal of the appeal and resultant cancella-
tion of oral argument” but argues that the dismissal should
be conditioned on an award of fees for the appeal due to
appellant’s “delay tactics” and “vexatious litigation prac-
tice.”
Upon consideration thereof,
I T I S O RDERED T HAT :
The court has sua sponte determined that the award of
attorneys’ fees and costs is not appropriate. The appeal is
dismissed with prejudice, and the oral argument scheduled
for May 4, 2022, is cancelled.
May 3, 2022
Date
F OR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
ISSUED AS A MANDATE: May 3, 2022
Case: 21-2046 Document: 69 Page: 2 Filed: 05/03/2022

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