NANTKWEST, INC. v. MATAL

2016-1794.

869 F.3d 1327 (2017)

NANTKWEST, INC., Plaintiff-Appellee, v. Joseph MATAL, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director, U.S. Patent and Trademark Office, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Date August 31, 2017.


Attorney(s) appearing for the Case

Alan J. Heinrich , Gary N. Frischling , Lauren Nicole Drake , Morgan Chu, Esq. , Morgan Chu, Esq. , Los Angeles, CA, Sandra Haberny , Irell & Manella LLP, Newport Beach, CA, for Plaintiff-Appellee.

Mark R. Freeman , Attorney, Jaynie Randall Lilley , Department of Justice, Washington, DC, Thomas L. Casagrande , Associate Solicitor, Nathan K. Kelley, Solicitor , Thomas W. Krause, Esq. , Deputy Solicitor, Scott Weidenfeller , United States Patent and Trademark Office, Office of the Solicitor, Alexandria, VA, for Defendant-Appellant.

Before Prost, Chief Judge, Newman, Lourie, Dyk, Moore, O'Malley, Reyna, Wallach, Taranto, Hughes, and Stoll, Circuit Judges.


ORDER

This case was argued before a panel of three judges on February 9, 2017. A sua sponte request for a poll on whether to reconsider this case was made. A poll was conducted and a majority of the judges who are in regular active service voted for sua sponte en banc consideration.

Accordingly,

IT IS ORDERED THAT...

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