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Case: 18-1400 Document: 64 Page: 1 Filed: 08/12/2019
`
`NOTE: This order is nonprecedential.
`
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`FACEBOOK, INC.,
`Appellant
`
`v.
`
`WINDY CITY INNOVATIONS, LLC,
`Cross-Appellant
`______________________
`
`2018-1400, 2018-1401, 2018-1402, 2018-1403, 2018-1537,
`2018-1540, 2018-1541
`______________________
`
`Appeals from the United States Patent and Trademark
`Office, Patent Trial and Appeal Board in Nos. IPR2016-
`01156, IPR2016-01157, IPR2016-01158, IPR2016-01159,
`IPR2017-00659, IPR2017-00709.
`______________________
`
`Before PROST, Chief Judge, PLAGER and O’MALLEY, Circuit
`Judges.
`
`PER CURIAM.
`
`O R D E R
`Oral argument in these cases was held on August 7,
`2019. The court now invites the Director of the United
`States Patent and Trademark Office to file a brief express-
`ing his views on the following issue: what, if any, deference
`should be afforded to decisions of a Patent Trial and Appeal
`
`
`
`
`
`

`

`Case: 18-1400 Document: 64 Page: 2 Filed: 08/12/2019
`
`2
`
`
`
`FACEBOOK, INC. v. WINDY CITY INNOVATIONS, LLC
`
`Board Precedential Opinion Panel (“POP”), and specifically
`to the POP opinion in Proppant Express Investments, LLC
`v. Oren Technologies, LLC, No. IPR2018-00914, Paper 38
`(P.T.A.B. Mar. 13, 2019). Upon receiving the Director’s re-
`sponse, the parties are also invited to file a brief expressing
`their views on the same issue.
`Upon consideration thereof,
`IT IS ORDERED THAT:
`
`The Director’s invited response, not to exceed 15 pages,
`
`is due no later than 21 days from the date of filing of this
`order. If the parties desire to respond to the Director’s fil-
`ing, their responses, not to exceed 10 pages, shall be due no
`later than 14 days from the date of filing of the Director’s
`response. No extensions of time will be granted.
`
`
`
` August 12, 2019 /s/Peter R. Marksteiner
` Date
` Peter R. Marksteiner
` Clerk of Court
`
`
`
`
`
`FOR THE COURT
`
`
`
`
`
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`

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