Apple Inc. v. Rfcyber Corp.

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
APPLE INC.,
Appellant
v.
RFCYBER CORP.,
Appellee
______________________
2023-2396
______________________
Appeal from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in No. IPR2022-
00412.
-------------------------------------------------
In Re RFCYBER CORP.,
Appellant
______________________
2023-2418
______________________
Appeal from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in No. IPR2022-
00413.
______________________
ON MOTION
Case: 23-2396 Document: 23 Page: 1 Filed: 02/21/2024

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APPLE INC. v. RFCYBER CORP. 2
______________________
Before T ARANTO, Circuit Judge.
O R D E R
Apple Inc. moves to dismiss its Appeal No. 2023-2396
pursuant to Federal Rule of Appellate Procedure 42(b) and
to withdraw as appellee from RFCyber Corp.’s Appeal No.
2023-2418. The motion states that RFCyber Corp. does not
oppose either request. The parties agree to bear their own
costs with respect to Appeal No. 2023-2396.
Upon consideration thereof,
I T I S O RDERED T HAT :
(1) The motion is granted to the extent that the above-
captioned appeals are deconsolidated and Appeal No. 2023-
2396 is dismissed. Each side shall bear its own costs re-
garding Appeal No. 2023-2396.
(2) Apple Inc. is withdrawn from Appeal No. 2023-
2418. The official caption for Appeal No. 2023-2418 is re-
vised in this order to reflect Apple’s non-participation.
(3) The opening brief in Appeal No. 2023-2418 is due
no later than 60 days from the date of entry of this order.
(4) The United States Patent and Trademark Office
(PTO) is directed to inform this court, within 30 days from
the date of entry of this order, whether it intends to inter-
vene in Appeal No. 2023-2418.
(5) If the PTO elects to participate as intervenor in Ap-
peal No. 2023-2418, its docketing statement is due no later
than 14 days after it files its notice of election to intervene,
and its brief is due within 40 days after the opening brief
is served.
(6) If the PTO elects not to intervene in Appeal No.
2023-2418, the appendix is due no later than seven days
from either the date of filing of the opening brief or the date
Case: 23-2396 Document: 23 Page: 2 Filed: 02/21/2024

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APPLE INC. v. RFCYBER CORP. 3
of filing of the PTO’s notice of non-election, whichever is
later.
(7) The Clerk of Court shall transmit a copy of this or-
der to the merits panel assigned to Appeal No. 2023-2418.
February 21, 2024
Date
F OR THE COURT
ISSUED AS A MANDATE (as to Appeal No. 2023-2396
only): February 21, 2024
cc: United States Patent and Trademark Office
Case: 23-2396 Document: 23 Page: 3 Filed: 02/21/2024

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