`
`NOTE: This order is nonprecedential.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: 2 Filed: 02/21/2024
`
`2
`
`
`
`APPLE INC. v. RFCYBER CORP.
`
`______________________
`
`Before TARANTO, 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,
`
`IT IS ORDERED THAT:
`
`(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`(2) Apple Inc. is withdrawn from Appeal No. 2023-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: 3 Filed: 02/21/2024
`
`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.
`FOR THE COURT
`
`
`
`
`
`
`
`February 21, 2024
` Date
`
`ISSUED AS A MANDATE (as to Appeal No. 2023-2396
`only): February 21, 2024
`
`cc: United States Patent and Trademark Office
`
`
`
`
`
`
`
`
`
`
`
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