`
`Document: 61
`
`Page: 1 Filed: 09/02/2021
`
`NOTE: This order is nonprecedential.
`
`mntteb ~tates qtourt of ~peals
`for tbe jf eberal qtfrcuit
`
`AMGEN INC., AMGEN MANUFACTURING
`LIMITED,
`Appellants
`
`v.
`
`ANDREW HIRSHFELD, PERFORMING THE
`FUNCTIONS AND DUTIES OF THE UNDER
`SECRETARY OF COMMERCE FOR
`INTELLECTUAL PROPERTY AND DIRECTOR OF
`THE UNITED STATES PATENT AND TRADEMARK
`OFFICE,
`Intervenor
`
`2019-2171
`
`Appeal from the United States Patent and Trademark
`Office, Patent Trial and Appeal Board in No. IPR2016-
`01542.
`
`PERCURIAM.
`
`SUASPONTE
`
`ORDER
`
`Amgen
`Exhibit 2071
`Apotex Inc., et al. v. Amgen Inc., et al.
`IPR2016-01542
`
`Ex. 2071-001
`
`
`
`Case: 19-2171
`
`Document: 61
`
`Page: 2 Filed: 0910212021
`
`2
`
`AMGEN INC. v. IANCU
`
`Upon consideration of the response to the court's Au(cid:173)
`gust 13, 2021, order indicating how appellants believe this
`appeal should proceed in light of United States v. Arthrex,
`Inc., 141 S. Ct. 1970 (2021),
`
`IT Is ORDERED THAT:
`
`(1) This case is remanded for the limited purpose of al(cid:173)
`lowing appellants the opportunity to request Director re(cid:173)
`hearing of the final written decision.
`
`(2) Appellants must file the request for rehearing
`within 30 days from the date of this order.
`
`(3) This court retains jurisdiction over this appeal.
`
`(4) Appellants shall inform this court within 14 days
`of any decision denying rehearing. The Clerk of Court shall
`reactivate the appeal upon receipt of that notice.
`
`(5) Within 14 days of a decision granting rehearing, in(cid:173)
`tervenor shall inform the court of that decision and make
`any request to remand the case in full or continue the stay
`of proceedings. The intervenor's request shall include a
`statement of consent or opposition.
`
`September 2, 2021
`Date
`
`FOR THE COURT
`
`Isl Peter R. Marksteiner
`Peter R. Marksteiner
`Clerk of Court
`
`Ex. 2071-002
`
`
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