NOTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
SILVER PEAK SYSTEMS, INC.,
Appellant
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,
Intervenor
______________________
2015-2072
______________________
Appeal from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in No. IPR2014-
00245.
______________________
Decided: October 24, 2017
______________________
DARREN EDWARD DONNELLY, Fenwick & West, LLP,
Mountain View, CA, argued for appellant. Also repre-
sented by JASON E. AMSEL; EMAN SOJOODI, San Francisco,
CA.
2 SILVER PEAK SYSTEMS, INC. v. MATAL
JEREMIAH HELM, Office of the Solicitor, United States
Patent and Trademark Office, Alexandria, VA, argued for
intervenor. Also represented by THOMAS W. KRAUSE,
SCOTT WEIDENFELLER, ROBERT MCBRIDE.
______________________
Before PROST, Chief Judge, BRYSON and WALLACH,
Circuit Judges.
PROST, Chief Judge.
In light of this court’s en banc decision in Aqua Prod-
ucts, Inc. v. Matal, No. 2015-1177, 2017 WL 4399000 (Fed.
Cir. Oct. 4, 2017) (en banc), the judgment of the Patent
Trial and Appeal Board is vacated and this case is re-
manded to the Board for further proceedings consistent
with Aqua.
VACATED AND REMANDED
Silver Peak Systems, Inc. v. Matal
Combined Opinion