Virnetx Inc. v. Cisco Systems, Inc.

958 F.3d 1333

Opinion

Case: 19-1671 Document: 51 Page: 1 Filed: 05/13/2020

United States Court of Appeals for the Federal Circuit ______________________

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 ______________________

2019-1671 ______________________

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. 95/001,679. ______________________

ON PETITIONS FOR EN BANC REHEARING ______________________

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 Case: 19-1671 Document: 51 Page: 2 Filed: 05/13/2020

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, Of- fice of the Solicitor, United States Patent and Trademark Office, Alexandria, VA. ______________________

Before PROST, Chief Judge, NEWMAN, LOURIE, DYK, MOORE, O’MALLEY, REYNA, WALLACH, TARANTO, CHEN, and HUGHES, Circuit Judges. * PER CURIAM.

ORDER Combined petitions for panel rehearing and rehearing en banc were separately filed by the Director of the United States Patent and Trademark Office and Cisco Systems, Inc. The petitions were first referred to the panel that heard the appeal and were denied by the panel by separate order. The petitions for rehearing en banc were referred to the circuit judges who are in regular active service. A poll was requested, taken, and failed. Upon consideration thereof, IT IS ORDERED THAT: The petitions for rehearing en banc are denied.

* Circuit Judge Stoll did not participate. Case: 19-1671 Document: 51 Page: 3 Filed: 05/13/2020

VIRNETX INC. v. CISCO SYSTEMS, INC. 3

The mandate of the court will issue on May 20, 2020.

FOR THE COURT

May 13, 2020 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court