Opinion
2018-2251
10-31-2019
UNILOC 2017 LLC, Appellant v. FACEBOOK, INC., WHATSAPP, INC., Appellees
NOTE: This order is nonprecedential. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2016-01756. PER CURIAM.
ORDER
In light of this court's decision in Arthrex, Inc. v. Smith & Nephew, Inc., No. 18-2140 (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.
FOR THE COURT
October 31, 2019
Date
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court