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CIENA CORP. v. OYSTER OPTICS, LLC

2019-2117.

958 F.3d 1157 (2020)

CIENA CORPORATION, Appellant, v. OYSTER OPTICS, LLC, Appellee. Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Intervenor.

United States Court of Appeals, Federal Circuit.

Precedential Order Issued: May 5, 2020.

Attorney(s) appearing for the Case

Joseph Palys , Paul Hastings LLP, Washington, DC, for appellant. Also represented by Igor Victor Timofeyev , Anderson To.

Wayne Michael Helge , Davidson Berquist Jackson & Gowdey, LLP, McLean, VA, for appellee. Also represented by James Thomas Wilson , Aldo Noto.

Molly R. Silfen , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, for intervenor. Also represented by Thomas W. Krause , Farheena Yasmeen Rasheed , Maureen Donovan Queler.

Before Moore, O'Malley, and Stoll, Circuit Judges.

ON MOTION

ORDER

Ciena Corporation ("Ciena") moves to vacate and remand for further proceedings in light of Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019). Oyster Optics, LLC ("Oyster") and the Director of the United States Patent...

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