`
` NOTE: This order is nonprecedential.
`
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`VIRNETX INC.,
`Appellant
`
`v.
`
`CISCO SYSTEMS, INC.,
`Appellee
`______________________
`
`2019-1671
`______________________
`
`Appeal from the United States Patent and Trademark
`Office, Patent Trial and Appeal Board in No. 95/001,679.
`______________________
`
`ON MOTION
`______________________
`
`
`Before REYNA, Circuit Judge.
`O R D E R
`VirnetX Inc. moves to remand this appeal to the Patent
`
`Trial and Appeal Board for reconsideration in light of this
`court’s decision in VirnetX Inc. v. The Mangrove Partners
`Master Fund, Ltd., No. 17-1368, 2019 WL 2912776 (Fed.
`Cir. July 8, 2019). Cisco Systems, Inc. opposes.
`The court deems it the better course for the parties to
`address the issue in their merits briefs.
`
`
`
`
`
`
`
`Case: 19-1671 Document: 22 Page: 2 Filed: 10/01/2019
`
`2
`
`
`
`VIRNETX INC. v. CISCO SYSTEMS, INC.
`
`
`
`
`Accordingly,
`IT IS ORDERED THAT:
`(1) The motion is denied for the purpose of having the
`parties address these issues in their briefs.
`(2) The stay is lifted. The appellant must file its brief
`within 40 days of the date of filing of this order.
`
`
`
`
`
`
`
`
` FOR THE COURT
`
` October 01, 2019 /s/ Peter R. Marksteiner
` Date
` Peter R. Marksteiner
` Clerk of Court
`
`
`
`s24
`
`
`