Case: 11-1051    Document: 19    Page: 1   Filed: 05/06/2013




           NOTE: This order is nonprecedential.

   United States Court of Appeals
       for the Federal Circuit
                __________________________

                WENTWORTH E. MILLER,
                     Appellant,
                            v.
                 ALTADIS U.S.A. INC.,
                      Appellee.
                __________________________

                        2011-1051
                __________________________

     Appeal from the United States Patent and Trademark
 Office, Trademark Trial and Appeal Board in Cancellation
 No. 92050296.
               __________________________

                      ON MOTION
                __________________________

    Before LOURIE, BRYSON, and MOORE, Circuit Judges.
 LOURIE, Circuit Judge.
                          ORDER
    The court construes Altadis U.S.A. Inc.’s April 22,
 2013 response as a motion to dismiss.
    On May 26, 2011, this court granted the parties’ joint
 motion for a limited remand to the Trademark Trial and
Case: 11-1051      Document: 19       Page: 2    Filed: 05/06/2013




 WENTWORTH MILLER      v. ALTADIS U.S.A., INC.                 2

 Appeal Board for the Board to consider a motion to vacate
 its judgment in light of settlement.
     On August 22, 2013, the Board granted the parties’
 joint motion to vacate the underlying decision on appeal,
 and dismissing the petition to cancel in accordance with
 the parties’ settlement agreement.
       Upon consideration thereof,
       IT IS ORDERED THAT:
       (1) The appeal is dismissed.
       (2) Each side shall bear its own costs.


                                         FOR THE COURT


                                         /s/ Jan Horbaly
                                         Jan Horbaly
                                         Clerk

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