Appeals from the United States Patent v. Amsted Rail Company, Inc.

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
In Re AMSTED RAIL COMPANY, INC.,
Appellant
______________________
2024-2345, 2025-1067
______________________
Appeals from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in Nos. IPR2023-
00538 and IPR2023-00539.
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HUM INDUSTRIAL TECHNOLOGY, INC.,
Appellant
v.
AMSTED RAIL COMPANY, INC.,
Appellee
______________________
2025-1062
______________________
Appeal from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in No. IPR2023-
00538.
______________________
ON MOTION
Case: 24-2345 Document: 30 Page: 1 Filed: 03/27/2025

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IN RE AMSTED RAIL COMPANY , INC. 2
______________________
Before PROST, Circuit Judge.
O R D E R
The parties move jointly to deconsolidate Appeal No.
2024-2345 from Appeal Nos. 2025-1062 and 2025-1067 and
to have the cases proceed as companions. ECF No. 27.
Hum Industrial Technology, Inc. separately moves unop-
posed to dismiss its cross-appeal, Appeal No. 2025-1062,
and to withdraw from these appeals from the Patent Trial
and Appeal Board, ECF No. 28 at 5.
Upon consideration thereof,
IT IS O RDERED THAT:
(1) The parties’ motion to deconsolidate and compan-
ion, ECF No. 27, is denied.
(2) Hum’s motion to dismiss its cross-appeal and with-
draw from the proceeding, ECF No. 28, is granted. Appeal
No. 2025-1062 is dismissed. The revised official caption
and short caption for the remaining consolidated appeals,
Appeal Nos. 2024-2345 and 2025-1067, are reflected in this
order.
(3) Each side shall bear its own costs as to Appeal No.
2025-1062.
(4) Amsted Rail Company, Inc.’s opening brief in Ap-
peal Nos. 2024-2345 and 2025-1067 is due within 30 days
of the date of entry of this order.
(5) The United States Patent and Trademark Office
(PTO) is directed to inform this court within 30 days of the
date of entry of this order whether the PTO will participate
in Appeal Nos. 2024-2345 and 2025-1067.
(6) If the PTO elects to participate as intervenor, its
docketing statement is due within 14 days after its notice
of election to intervene, and its brief is due within 40 days
Case: 24-2345 Document: 30 Page: 2 Filed: 03/27/2025

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IN RE AMSTED RAIL COMPANY , INC. 3
of the date of service of Amsted’s opening brief. Amsted
will have 21 days after the filing of the PTO’s brief to file
its reply brief.
(7) If the PTO elects not to intervene, the appendix is
due within seven days of either the date of filing of Am-
sted’s opening brief or the PTO’s notice of non-election,
whichever is later.
(8) The Clerk of Court shall transmit a copy of this or-
der to the merits panel assigned to Appeal Nos. 2024-2345
and 2025-1067.
March 27, 2025
Date
FOR THE C OURT
ISSUED AS A MANDATE (as to 2025-1062 only):
March 27, 2025
cc: United States Patent and Trademark Office
Case: 24-2345 Document: 30 Page: 3 Filed: 03/27/2025

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