`
`NOTE: This order is nonprecedential.
`
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`VIRNETX INC.,
`Appellant
`
`v.
`
`CISCO SYSTEMS, INC.,
`Appellee
`
`
`
`______________________
`
`2019-1725
`______________________
`
`Appeal from the United States Patent and Trademark
`Office, Patent Trial and Appeal Board in No. 95/001,792.
`______________________
`
`ON MOTION
`______________________
`
`Before MOORE, O’MALLEY, and CHEN, Circuit Judges.
`O’MALLEY, Circuit Judge.
`O R D E R
`VirnetX Inc. moves to vacate the decision of the Patent
`
`Trial and Appeal Board and remand for further proceed-
`ings in light of Arthrex, Inc. v. Smith & Nephew, Inc., 941
`F.3d 1320 (Fed. Cir. 2019). Cisco Systems, Inc. opposes.
`
`
`
`
`
`
`
`Case: 19-1725 Document: 27 Page: 2 Filed: 01/24/2020
`
`2
`
`
`
`VIRNETX INC. v. CISCO SYSTEMS, INC.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` January 24, 2020
` Date
`
`s32
`
`
`
`Although this appeal arises out of an inter partes reex-
`amination and not an inter partes review as was at issue in
`Arthrex, we see no material difference in the relevant anal-
`ysis. We therefore grant VirnetX’s motion.
`Accordingly,
`IT IS ORDERED THAT:
`(1) The motion to vacate and remand is granted. The
`Patent Trial and Appeal Board’s decision is vacated, and
`the case is remanded to the Board for proceedings con-
`sistent with this court’s decision in Arthrex.
`(2) All remaining pending motions are denied.
`(3) Each side shall bear its own costs.
`
`
`
`
`
`
`
`FOR THE COURT
`
`/s/ Peter R. Marksteiner
`Peter R. Marksteiner
`Clerk of Court
`
`
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