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
2 VIRNETX INC. v. CISCO SYSTEMS, INC.
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
Virnetx Inc. v. Cisco Systems, Inc.
Combined Opinion