Back to Blog
CAFC-PTOAugust 26, 2026·26-1357·Appeal No. 2026-1357 dismissed; each side bears its own costs; mandate issued as to that appeal only. Appeal No. 2026-1390 remains pending.

Ascend Elements, Inc. v. Duesenfeld GmbH

Patent Trial and Appeal Board

Holding

The Federal Circuit deconsolidated the appeals and voluntarily dismissed Appeal No. 2026-1357 under Rule 42(b). The court did not reach any patent-law merits issue.

Why It Matters

This is a procedural termination of one PTAB appeal only, leaving the related cross-appeal to proceed under the court’s prior scheduling/order requirements.

Full Summary

Ascend Elements, Inc. v. Duesenfeld GmbH The Federal Circuit deconsolidated the appeals and voluntarily dismissed Appeal No. 2026-1357 under Rule 42(b). The court did not reach any patent-law merits issue. This is a procedural termination of one PTAB appeal only, leaving the related cross-appeal to proceed under the court’s prior scheduling/order requirements. Appeal No. 2026-1357 dismissed; each side bears its own costs; mandate issued as to that appeal only. Appeal No. 2026-1390 remains pending. The order is nonprecedential and addresses only voluntary dismissal procedure. The appeal arose from PTAB IPR2024-00948, but the order does not identify the challenged patent, technology, or merits issues. The parties jointly stipulated to dismiss Appeal No. 2026-1357 under FRAP 42(b), with each side bearing its own costs. The Federal Circuit deconsolidated the appeals and revised the captions accordingly. Appeal No. 2026-1390 was not dismissed and remains subject to the court’s June 24, 2026 order. non-precedential non-precedential non-precedential

Key Points

  • The order is nonprecedential and addresses only voluntary dismissal procedure.
  • The appeal arose from PTAB IPR2024-00948, but the order does not identify the challenged patent, technology, or merits issues.
  • The parties jointly stipulated to dismiss Appeal No. 2026-1357 under FRAP 42(b), with each side bearing its own costs.
  • The Federal Circuit deconsolidated the appeals and revised the captions accordingly.
  • Appeal No. 2026-1390 was not dismissed and remains subject to the court’s June 24, 2026 order.
non-precedential

More on this topic