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VIRNETX INC. v. CISCO SYSTEMS, INC.

2019-1671.

958 F.3d 1333 (2020)

VIRNETX INC., Appellant, v. CISCO SYSTEMS, INC., 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.

May 13, 2020.

Attorney(s) appearing for the Case

Naveen Modi , Paul Hastings LLP, Washington, DC, for appellant. Also represented by Stephen Blake Kinnaird , Joseph Palys , Igor Victor Timofeyev , Michael Wolfe , Daniel Zeilberger .

David L. McCombs , Haynes & Boone, LLP, Dallas, TX, filed a combined petition for panel rehearing and rehearing en banc for appellee. Also represented by Theodore M. Foster , Debra Janece McComas .

Melissa N. Patterson , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, filed a combined petition for panel rehearing and rehearing en banc for intervenor. Also represented by Courtney Dixon , Scott R. Mcintosh ; Thomas W. Krause , Joseph Matal , Brian Racilla , Farheena Yasmeen Rasheed , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

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

ON PETITIONS FOR PANEL REHEARING

ORDER

The Director of the United States Patent and Trademark Office and Cisco Systems, Inc. have petitioned for rehearing to argue that we erred in extending Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019) beyond the context of inter partes...

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