UNILOC 2017 LLC v FACEBOOK INC., No. 18-2251 (Fed. Cir. 2019)

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NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ UNILOC 2017 LLC, Appellant v. FACEBOOK, INC., WHATSAPP, INC., Appellees ______________________ 2018-2251 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR201601756. ______________________ PER CURIAM. ORDER In light of this court’s decision in Arthrex, Inc. v. Smith & Nephew, Inc., No. 18-2140 (Fed. Cir. Oct. 31, 2019) and the fact that Uniloc has raised an Appointments Clause challenge in its opening brief in this case, IT IS ORDERED THAT: 1. The oral argument scheduled for November 4, 2019 is cancelled and the case is removed from the calendar. UNILOC 2017 LLC v. FACEBOOK, INC. 2 2. The Patent Trial and Appeal Board’s decision in No. IPR2016-01756 is vacated and the case is remanded to the Board for proceedings consistent with this court’s decision in Arthrex. FOR THE COURT October 31, 2019 Date /s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court