*1 Before D YK , R EYNA , and C HEN , Circuit Judges . D YK , Circuit Judge
O R D E R
Illinois Tool Works, Inc. moves to voluntarily dismiss
its appeal, No. 2023-1252, and to dismiss Termax Com-
pany’s cross-appeal, No. 2023-1254. Termax opposes dis-
missal of its cross-appeal. We grant both motions.
*2
Termax appeals from the Patent Trial and Appeal
Board’s final written decision in this
inter partes
review,
which agreed with Termax that all challenged claims of Il-
linois Tool Works’ U.S. Patent No. 10,683,882 are un-
patentable. We have employed the familiar rule that “the
prevailing party in a lower tribunal cannot ordinarily seek
relief in the appellate court” to appeals from the Board.
SkyHawke Techs., LLC v. Deca Int’l Corp.
,
In opposing dismissal, Termax contends that the Board erred in its construction of certain claim limitations that have also been incorporated into Illinois Tool Works’ new patent. Termax hopes that a favorable decision on its claim construction arguments here will collaterally estop Illinois Tool Works from asserting those newly issued claims. But in SkyHawke , we rejected a similar attempt to appeal from a Board’s claim construction when the appellant did “not seek to alter the judgment of the Board.” Id . There, as here, Termax “is merely trying to preempt an unfavorable outcome” as to some other potential proceeding regarding Illinois Tool Works’ new patent “that may or may not arise in the future,” and, if such an outcome does arise, Termax may appeal “at that time.” Id. at 1377.
Accordingly,
I T I S O RDERED T HAT :
(1) The motions are granted, and the appeals are dis- missed. *3 3
(2) Each side shall bear its own costs.
F OR THE C OURT March 8, 2023 /s/ Peter R. Marksteiner Date Peter R. Marksteiner
Clerk of Court ISSUED AS A MANDATE (as to Appeal No. 2023-1252 only): March 8,