Background
RJ Technology LLC appealed from a Patent Trial and Appeal Board proceeding, IPR2023-01350, involving Apple Inc.
RJ Technology later filed an unopposed motion asking the Federal Circuit to dismiss the appeal as moot, with each party bearing its own costs. The court construed the filing as a motion for voluntary dismissal under Federal Rule of Appellate Procedure 42(b).
The Court’s Holding
The Federal Circuit granted the motion to the extent that it dismissed the appeal. The brief, nonprecedential order did not address the merits of the underlying inter partes review or make a separate determination explaining whether the appeal was moot.
The court directed each party to bear its own costs. The order was issued as the mandate on July 31, 2026.
Key Takeaways
- An unopposed request to dismiss an appeal as moot may be treated as a motion for voluntary dismissal under Federal Rule of Appellate Procedure 42(b).
- The Federal Circuit dismissed RJ Technology’s appeal without reaching the merits of the underlying PTAB proceeding.
- Each party was required to bear its own costs, and the order issued immediately as the mandate.
Why It Matters
The order illustrates the Federal Circuit’s procedural treatment of an appellant’s unopposed request to end an appeal. By construing the filing under Rule 42(b), the court disposed of the case through voluntary dismissal without resolving the underlying patent issues or providing substantive guidance.