UNILOC 2017 LLC v. FACEBOOK INC (2019)

United States Court of Appeals, Federal Circuit.

UNILOC 2017 LLC, Appellant v. FACEBOOK, INC., WhatsApp, Inc., Appellees

2018-2251

Decided: October 31, 2019

James Etheridge, Ryan S. Loveless, Brett Mangrum, Etheridge Law Group, Southlake, TX, for Appellant Heidi Lyn Keefe, Attorney, Andrew Carter Mace, Esq., Attorney, Mark R. Weinstein, Cooley LLP, Palo Alto, CA, Yuan Liang, Phillip Edward Morton, Attorney, Cooley LLP, Washington, DC, for Appellees

ORDER

In light of this court’s decision in Arthrex, Inc. v. Smith & Nephew, Inc., No. 2018-2140, 941 F.3d 1320, 2019 WL 5616010 (Fed. Cir. Oct. 31, 2019) and the fact that Uniloc has raised an Appointments Clause challenge in its opening brief in this case,

It Is Ordered That:

1. The oral argument scheduled for November 4, 2019 is cancelled and the case is removed from the calendar.

2. The Patent Trial and Appeal Board’s decision in No. IPR2016-01756 is vacated and the case is remanded to the Board for proceedings consistent with this court’s decision in Arthrex.

Per Curiam.