`
`No. 21-1377
`
`
`United States Court of Appeals
`for the Federal Circuit
`
`BLACKBERRY LIMITED
`
`v.
`
`FACEBOOK INC.
`
`Appellant,
`
`Appellee.
`
`APPEAL FROM THE UNITED STATES PATENT AND TRADEMARK OFFICE, PATENT TRIAL
`AND APPEAL BOARD IN INTER PARTES REVIEW NO. IPR2019-00925
`
`MOTION FOR VOLUNTARY DISMISSAL
`OF APPEAL NO. 21-1377
`
`
`
`Robert Courtney
`Michael T. Hawkins
`Nicholas Stephens
`FISH & RICHARDSON P.C.
`60 South 6th Street, Suite 3200
`Minneapolis, MN 55402
`Tel: (612) 335-5070
`courtney@fr.com
`hawkins@fr.com
`nstephens@fr.com
`
`February 19, 2021
`
`Attorneys for Appellant
`
`
`
`Case: 21-1377 Document: 10 Page: 2 Filed: 02/19/2021
`
`Pursuant to Federal Circuit Rules of Appellate Procedure 27 and 42(b),
`
`and Federal Circuit Rule 27, Appellant BlackBerry Limited (“BlackBerry”)
`
`respectfully moves for voluntary dismissal of Appeal No. 2021-1377, with
`
`each party bearing its own costs. All appropriate fees for this appeal have
`
`been paid, and none are outstanding.
`
`Good cause exists for granting the present motion. BlackBerry hereby
`
`states that conserving the resources of the parties and the Court now
`
`outweighs any disagreement with the determination of the Patent Trial &
`
`Appeal Board addressed by the 2021-1377 appeal. In view of this, the
`
`requested relief would promote efficiency for all concerned, and would not
`
`prejudice any party.
`
`Pursuant to Federal Circuit Rule 27(a)(2), BlackBerry represents that it
`
`sought Facebook’s position on the present motion on February 18, 2021 via
`
`email. On February 19, 2021, Facebook filed a letter (ECF #9) stating that
`
`would not be participating in the present appeal, and from that statement
`
`BlackBerry concludes that Facebook does not oppose the requested relief.
`
`
`
`
`
`1
`
`
`
`Case: 21-1377 Document: 10 Page: 3 Filed: 02/19/2021
`
`Dated: February 19, 2021
`
`Respectfully submitted,
`
`
`
` /s/ Robert Courtney
`Robert Courtney
`Michael T. Hawkins
`Nicholas Stephens
`FISH & RICHARDSON P.C.
`60 South 6th Street, Suite 3200
`Minneapolis, MN 55402
`Telephone: (612) 335-5070
`
`
`
`2
`
`
`
`Case: 21-1377 Document: 10 Page: 4 Filed: 02/19/2021
`
`CERTIFICATE OF INTEREST
`
`Counsel for Appellant BlackBerry Limited (“BlackBerry”) certifies the
`
`following:
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`Provide the full names of all entities represented by undersigned
`counsel in this case.
`
`BlackBerry Limited
`
`Provide the full names of all real parties in interest for the entities. Do
`not list the real parties if they are the same as the entities.
`
`None/Not Applicable
`
`Provide the full names of all parent corporations for the entities and all
`publicly held companies that own 10% or more stock in the entities.
`
`None/Not Applicable
`
`List all law firms, partners, and associates that (a) appeared for the
`entities in the originating court or agency or (b) are expected to appear
`in this court for the entities. Do not include those who have already
`entered an appearance in this court. Fed. Cir. R. 47.4(a)(4).
`
`Fish & Richardson P.C.: Kenneth W. Darby, Craig A. Deutsch, Kim
`Leung
`
`Quinn Emanuel Urqhart & Sullivan, LLP: Ognjen Zivojnovic, Sam
`Stake, James M. Glass
`
`Provide the case titles and numbers of any case known to be pending in
`this court or any other court or agency that will directly affect or be
`directly affected by this court’s decision in the pending appeal. Do not
`include the originating case number(s) for this case. Fed. Cir. R.
`47.4(a)(5). See also Fed. Cir. R. 47.5(b).
`
`None/Not Applicable
`
`3
`
`
`
`Case: 21-1377 Document: 10 Page: 5 Filed: 02/19/2021
`
`6.
`
`Provide any information required under Fed. R. App. P. 26.1(b)
`(organizational victims in criminal cases) and 26.1(c) (bankruptcy case
`debtors and trustees). Fed. Cir. R. 47.4(a)(6).
`
`Not applicable
`
`February 19, 2021
`
`/s/ Robert Courtney
`Robert Courtney
`
`
`
`
`
`
`
`4
`
`
`
`Case: 21-1377 Document: 10 Page: 6 Filed: 02/19/2021
`
`CERTIFICATE OF SERVICE AND FILING
`
`I certify that on February 19, 2021, I electronically filed the foregoing
`
`MOTION FOR VOLUNTARY DISMISSAL OF APPEAL NO. 21-1377 of
`
`appellant using the Court’s CM/ECF filing system. Counsel for appellee were
`
`electronically served by and through the Court’s CM/ECF filing system per
`
`Fed. R. App. P. 25 and Fed. Cir. R. 25(e).
`
`
`
`
`
`/s/ Robert Courtney
`Robert Courtney
`
`
`
`
`
`
`
`5
`
`
`
`Case: 21-1377 Document: 10 Page: 7 Filed: 02/19/2021
`
`CERTIFICATE OF COMPLIANCE
`
`I certify that this motion complies with the type-volume limitation of
`
`Federal Rule of Appellate Procedure 27(d)(2)(A). The motion contains 165
`
`words, excluding the parts of the motion authorized by Fed. R. App. P.
`
`27(a)(2)(B). This motion has been prepared in a proportionally spaced
`
`typeface using Microsoft Word 2016 in Cambria, 14 Point.
`
`
`
`Dated: February 19, 2021
`
`/s/ Robert Courtney
`Robert Courtney
`
`
`
`6
`
`
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