United States Court of Appeals
for the Federal Circuit
VIRNETX INC.,
Appellant
v.
CISCO SYSTEMS, INC.,
Appellee
ANDREI IANCU, UNDER SECRETARY OF
COMMERCE FOR INTELLECTUAL PROPERTY
AND DIRECTOR OF THE UNITED STATES
PATENT AND TRADEMARK OFFICE,
Intervenor
2019-1671
Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. 95/001,679.
ON PETITIONS FOR EN BANC REHEARING
NAVEEN MODI, Paul Hastings LLP, Washington, DC, for appellant. Also represented by STEPHEN BLAKE KINNAIRD, JOSEPH PALYS, IGOR VICTOR TIMOFEYEV, MICHAEL WOLFE, DANIEL ZEILBERGER.
DAVID L. MCCOMBS, Haynes & Boone, LLP, Dallas, TX, filed a combined petition for panel rehearing and rehearing
2en banc for appellee. Also represented by THEODORE M. FOSTER, DEBRA JANECE MCCOMAS.
MELISSA N. PATTERSON, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, filed a combined petition for panel rehearing and rehearing en banc for intervenor. Also represented by COURTNEY DIXON, SCOTT R. MCINTOSH; THOMAS W. KRAUSE, JOSEPH MATAL, BRIAN RACILLA, FARHEENA YASMEEN RASHEED, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.
Before PROST, Chief Judge, NEWMAN, LOURIE, DYK, MOORE, O’MALLEY, REYNA, WALLACH, TARANTO, CHEN,
and HUGHES, Circuit Judges.*
O R D E R
Combined petitions for panel rehearing and rehearing en banc were separately filed by the Director of the United States Patent and Trademark Office and Cisco Systems, Inc. The petitions were first referred to the panel that heard the appeal and were denied by the panel by separate order. The petitions for rehearing en banc were referred to the circuit judges who are in regular active service. A poll was requested, taken, and failed.
Upon consideration thereof, IT IS ORDERED THAT:
The petitions for rehearing en banc are denied.
3The mandate of the court will issue on May 20, 2020.
FOR THE COURT
May 13, 2020 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court
Footnotes
- ↩ * Circuit Judge Stoll did not participate.