REALVIRT LLC v. IANCU (2018)

United States Court of Appeals, Federal Circuit.

REALVIRT, LLC, Plaintiff-Appellant v. Andrei IANCU, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Defendant-Appellee

2017-1159

Decided: August 14, 2018

Before Newman, Clevenger, and Bryson, Circuit Judges.

Patrick Richard Delaney, Devlin Law Firm, Wilmington, DE, for plaintiff-appellant. Thomas W. Krause, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, for defendant-appellee. Also represented by Michael S. Forman, Philip J. Warrick; Jaynie Randall Lilley, Mark R. Freeman, Dana J. Boente, Chad A. Readler, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC.

On September 8, 2017, this court granted Realvirt, LLC’s motion to stay proceedings in appeal no. 17-1159 pending this court’s entry of judgment, en banc, in NantKwest, Inc. v. Matal, No. 16-1794. In light of this court’s decision in NantKwest, Inc. v. Iancu, No. 2016-1794, 898 F.3d 1177, 2018 WL 3596124 (Fed. Cir. July 27, 2018) (en banc), the court hereby lifts the stay in appeal no. 17-1159, vacates the judgment of the district court, and remands this case for further proceedings consistent with NantKwest.

No costs.

Per Curiam.

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