International Business Machines Corporation v. ZILLOW GROUP, INC., ZILLOW, INC., Cross-Appellants 2024-1170, 2024-1274 Appeals…

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
INTERNATIONAL BUSINESS MACHINES
CORPORATION,
Appellant
v.
ZILLOW GROUP, INC., ZILLOW, INC.,
Cross-Appellants
______________________
2024-1170, 2024-1274
______________________
Appeals from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in Nos. IPR2022-
00646 and IPR2023-00259.
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EBATES PERFORMANCE MARKETING, INC., dba
Rakuten Rewards,
Appellant
v.
INTERNATIONAL BUSINESS MACHINES
CORPORATION,
Appellee
______________________
2024-1238
Case: 24-1170 Document: 46 Page: 1 Filed: 06/25/2024

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IBM v. ZILLOW GROUP, INC. 2
______________________
Appeal from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in No. IPR2022-
00646.
______________________
ON MOTION
______________________
O R D E R
Ebates Performance Marketing, Inc., dba Rakuten Re-
wards, moves unopposed to withdraw as a party in Appeal
No. 2024-1170, and Ebates and International Business Ma-
chines Corporation file a joint stipulation of voluntary dis-
missal 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.
Case: 24-1170 Document: 46 Page: 2 Filed: 06/25/2024

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IBM v. ZILLOW GROUP, INC. 3
(4) The Clerk of Court shall forward a copy of this or-
der to the merits panel assigned to Appeal Nos. 2024-1170
and 2024-1274.
June 25, 2024
Date
FOR THE COURT
ISSUED AS A MANDATE (as to Appeal No. 2024-1238
only): June 25, 2024
Case: 24-1170 Document: 46 Page: 3 Filed: 06/25/2024

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