FACEBOOK INC v. WINDY CITY INNOVATIONS LLC (2020)

United States Court of Appeals, Federal Circuit.

FACEBOOK, INC., Appellant v. WINDY CITY INNOVATIONS, LLC, Cross-Appellant

2018-1400

Decided: April 30, 2020

Before Prost, Chief Judge, Plager and O’Malley, Circuit Judges.

Heidi Lyn Keefe, Attorney, Andrew Carter Mace, Esq., Attorney, Lowell D. Mead, Mark R. Weinstein, Cooley LLP, Palo Alto, CA, Phillip Edward Morton, Attorney, Cooley LLP, Washington, DC, Elizabeth Prelogar, Cooley LLP, Library, Washington, DC, for Appellant Alfred Ross Fabricant, Enrique William Iturralde, Attorney, Peter Lambrianakos, Vincent J. Rubino, III, Brown Rudnick, LLP, New York, NY, for Cross-Appellant Jeremy Cooper Doerre, Esq. Jeffrey Eric Sandberg, Attorney, Scott R. McIntosh, Department of Justice, Civil Division, Appellate Staff, Washington, DC, Joseph H. Hunt, Assistant Attorney General, Department of Justice, Civil Division, Washington, DC, Thomas W. Krause, Solicitor, Joseph Matal, Associate Solicitor, Farheena Yasmeen Rasheed, Deputy Solicitor, Molly R. Silfen, Associate Solicitor, United States Patent and Trademark Office, Office of the Solicitor, Alexandria, VA, for Amicus Curiae United States David E. Boundy, Pro Se Heidi Lyn Keefe, Attorney, Cooley LLP, Palo Alto, CA, for Appellant (Case no.’s 2018-1401, 2018-1402, 2018-1403, Peter Lambrianakos, Brown Rudnick, LLP, New York, NY, for Appellee Vincent J. Rubino, III, Brown Rudnick, LLP, New York, NY, for Cross-Appellant (Case no. 2018-1537, 2018-1540, 2018-1541)

ORDER

We issued our opinion and judgment in these cases on March 18, 2020. See Facebook, Inc. v. Windy City Innovations, LLC, 953 F.3d 1313 (Fed. Cir. 2020). On April 20, 2020, Facebook, Inc. timely filed a combined petition for panel rehearing and rehearing en banc. See ECF 100. This petition is currently pending before the court.

On April 21, 2020, Facebook submitted a citation of supplemental authority pursuant to Federal Rule of Appel-late Procedure 28(j) citing the Supreme Court’s recent decision in Thryv, Inc. v. Click-to-Call Technologies, LP, No. 18-916, ––– U.S. ––––, 140 S.Ct. 1367, ––– L.Ed.2d ––––, 2020 WL 1906544 (Apr. 20, 2020). The court now invites the parties, and the Director of the United States Patent and Trademark Office as an amicus curiae, to file supplemental briefs explaining their views regarding the effect, if any, of the Supreme Court’s decision in Thryv on our decision in this case.

It Is Ordered That:

1) The parties’ and the Director’s invited supplemental briefs are due no later than 10 days from the date of this order and may not exceed 15 pages.

2) Additional amici curiae may seek leave of the court to submit briefs related to the effect of Thryv on our decision in this case. Each amicus brief and motion must be filed no later than 10 days from the date of this order, and the brief may not exceed 10 pages.

Per Curiam.

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