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NANTKWEST, INC. v. MATAL

2016-1794.

869 F.3d 1327 (2017)

NANTKWEST, INC., Plaintiff-Appellee, v. Joseph MATAL, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director, U.S. Patent and Trademark Office, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Date August 31, 2017.

Attorney(s) appearing for the Case

Alan J. Heinrich, Gary N. Frischling, Lauren Nicole Drake, Morgan Chu, Esq., Morgan Chu, Esq., Los Angeles, CA, Sandra Haberny, Irell & Manella LLP, Newport Beach, CA, for Plaintiff-Appellee.

Mark R. Freeman, Attorney, Jaynie Randall Lilley, Department of Justice, Washington, DC, Thomas L. Casagrande, Associate Solicitor, Nathan K. Kelley, Solicitor, Thomas W. Krause, Esq., Deputy Solicitor, Scott Weidenfeller, United States Patent and Trademark Office, Office of the Solicitor, Alexandria, VA, for Defendant-Appellant.

Before Prost, Chief Judge, Newman, Lourie, Dyk, Moore, O'Malley, Reyna, Wallach, Taranto, Hughes, and Stoll, Circuit Judges.

ORDER

This case was argued before a panel of three judges on February 9, 2017. A sua sponte request for a poll on whether to reconsider this case was made. A poll was conducted and a majority of the judges who are in regular active service voted for sua sponte en banc consideration.

Accordingly,

IT IS ORDERED THAT...

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