Case: 17-1987
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`Document: 64-1
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`Page:1
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`Filed: 07/11/2018
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`(1 of 5)
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`NOTE: This disposition is nonprecedential.
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`Gnited States Court of Appeals
`for the federal Circuit
`
`CAP CO., LTD.,
`Appellant
`
`Vv.
`
`MCAFEE, LLC, FKA MCAFEE, INC.,
`Appellee
`
`2017-1987, 2017-1988
`
`Appeals from the United States Patent and Trade-
`mark Office, Patent Trial and Appeal Board in Nos.
`IPR2015-01856, IPR2015-01876.
`
`JUDGMENT
`
`BRUCE JOSHUA WECKER, Hausfeld LLP, San Francis-
`co, CA, argued for appellant. Also represented by ROBERT
`YORIO, WADE YAMAZAKI, Carr & Ferrell LLP, Menlo Park,
`CA.
`
`JONATHAN L. MCFARLAND, Perkins Coie, LLP, Seattle,
`WA, argued for appellee. Also represented by KYLE M.
`AMBORN, RYAN J. MCBRAYER; DAN L. BAGATELL, Hanover,
`NH; NANCY CHENG, JAMES F. VALENTINE, LLP, Palo Alto,
`CA.
`
`

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`Case: 17-1987 Page: 2_Filed: 07/11/2018Document: 64-1 (2 of 5)
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`THIS CAUSE having been heard and considered,it is
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`ORDERED and ADJUDGED:
`
`PER CURIAM (LOURIE, O’MALLEY, and CHEN,Circuit
`Judges).
`
`AFFIRMED.See Fed. Cir. R. 36.
`
`ENTERED BY ORDER OF THE COURT
`
`July 11, 2018
`Date
`
`/s/ Peter R. Marksteiner
`Peter R. Marksteiner
`Clerk of Court
`
`

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`Case: 17-1987 Page:1_Filed: 07/11/2018Document: 64-2 (3 of 5)
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`UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
`
`NOTICE OF ENTRY OF
`JUDGMENT WITHOUT OPINION
`
`JUDGMENT ENTERED: 07/11/2018
`
`The judgmentof the court in your case was entered today pursuant to Rule 36. This Court affirmed the judgment
`or decision that was appealed. None of the relief sought in the appeal was granted. No opinion accompanied the
`judgment. The mandatewill be issued in due course.
`
`Information is also provided aboutpetitions for rehearing and suggestions for rehearing en banc. The questions
`and answers are those frequently asked and answered by the Clerk's Office.
`
`Costs are taxed against the appellant in favor of the appellee under Rule 39. The party entitled to costs is
`provided a bill of costs form and an instruction sheet with this notice.
`
`The parties are encouraged to stipulate to the costs. A bill of costs will be presumed correct in the absenceof a
`timely filed objection.
`
`Costs are payable to the party awarded costs. If costs are awarded to the government, they should be paid to
`the Treasurer of the United States. Where costs are awarded against the government, payment should be madeto
`the person(s) designated under the governing statutes, the court's orders, and the parties’ written settlement
`agreements. In cases betweenprivate parties, payment should be made to counselfor the party awarded costsor,if
`the party is not represented by counsel, to the party pro se. Payment of costs should not be sent to the court. Costs
`should be paid promptly.
`
`if the court also imposed monetary sanctions, they are payable to the opposing party unless the court's opinion
`provides otherwise. Sanctions should be paid in the same wayas costs.
`
`Regarding exhibits and visual aids: Your attention is directed to FRAP 34(g) which states that the clerk may
`destroy or dispose of the exhibits if counsel does not reclaim them within a reasonable time after the clerk gives
`notice to remove them. (The clerk deems a reasonable time to be 15 days from the date the final mandateis issued.)
`
`FOR THE COURT
`
`/s/ Peter R. Marksteiner
`
`Peter R. Marksteiner
`Clerk of Court
`
`17-1987, 17-1988 - Cap Co., Ltd. v. McAfee, LLC
`United States Patent and Trademark Office, Case Nos. IPR2015-01856, IPR2015-01876
`
`

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`Case: 17-1987
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`Document: 64-3.
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`Page:1_
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`Filed: 07/11/2018
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`(4 of 5)
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`UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
`
`717 MADISON PLACE, N.W.
`WASHINGTON, D.C. 20439
`
`PETER R. MARKSTEINER
`CLERK OF COURT
`
`202-275-8000
`
`Information Sheet
`
`Petitions for Rehearing and Petitions for Hearing and Rehearing En Banc
`
`1. When is a petition for rehearing appropriate?
`
`The Federal Circuit grants few petitions for rehearing each year. Thesepetitions for
`rehearing are rarely successful because they typically fail to articulate sufficient
`grounds upon which to grant them. Of note, petitions for rehearing should not be used
`to reargue issues previously presented that were not accepted by the merits panel
`during initial consideration of the appeal. This is especially so when the court has
`entered a judgmentof affirmance without opinion under Fed. Cir. R. 36. Such
`dispositions are entered if the court determines the judgmentofthe trial court is based
`on findings that are not clearly erroneous, the evidence supporting the jury verdictis
`sufficient, the record supports the trial court’s ruling, the decision of the administrative
`agency warrants affirmance under the appropriate standard of review,or the judgment
`or decision is withoutan errorof law.
`
`2. When is a petition for hearing/rehearing en banc appropriate?
`
`En banceconsideration is rare. Each three-judge merits panel is charged with deciding
`individual appeals underexisting Federal Circuit law as established in precedential
`opinions. Because each merits panel may enter precedential opinions, a party seeking
`en banc consideration must typically show that either the merits panel has(1) failed to
`follow existing decisions of the U.S. Supreme Courtor Federal Circuit precedentor(2)
`followed Federal Circuit precedent that the petitioning party now seeks to have
`overruled by the court en banc. Federal Circuit Internal Operating Procedure #13
`identifies several reasons when the Federal Circuit may opt to hear a matter en banc.
`
`3. Is it necessaryto file either of these petitions before filing a petition for
`a writ certiorari in the U.S. Supreme Court?
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`No. A petition for a writ of certiorari maybe filed once the court hasissueda final
`judgmentin a case.
`
`For additional information and filing requirements, please refer to Fed.
`
`Cir. R. 40 (Petitions for Rehearing) and Fed. Cir. R. 35 (Petitions for Hearing or Rehearing En Banc).
`
`Revised May 10, 2018
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`

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`Case: 17-1987
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`Document: 64-4
`
`Page:1
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`Filed: 07/11/2018
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`(5 of 5)
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`UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT.
`
`717 MADISON PLACE, N.W.
`WASHINGTON,D.C. 20439
`
`PETER R. MARKSTEINER
`CLERK OF COURT
`
`202-275-8000
`
`Information Sheet
`
`Filing a Petition for a Writ of Certiorari
`
`There is no automatic right of appeal to the Supreme Courtof the United States from
`judgments of the Federal Circuit. Instead, a party mustfile a petition for a writ of
`certiorari which the Supreme Courtwill grant only when there are compelling reasons. See
`Supreme Court Rule 10.
`
`
`Time. The petition must be filed in the Supreme Court of the United States within 90 days
`of the entry of judgment in this Court or within 90 days of the denial of a timely petition for
`rehearing. The judgmentis entered on the day the Federal Circuit issuesa final decision in
`your case. The time does not run from the issuance of the mandate. See Supreme Court
`Rule 13.
`
`Fees. Either the $300 docketing fee or a motion for leave to proceed in forma pauperis with
`an affidavit in support thereof must accompanythe petition. See Supreme Court Rules 38
`and 39.
`
`Authorized Filer. The petition must be filed by a memberof the bar of the Supreme Court
`of the United States or by the petitioner as a self-represented individual.
`
`Format of a Petition. The Supreme Court Rules are very specific about the content and
`formatting of petitions. See Supreme Court Rules 14, 33, 34. Additional information is
`available at https://(www.supremecourt.gov/filingandrules/rules guidance.aspx.
`
`Number of Copies. Forty copies of a petition must befiled unless thepetitioneris
`proceeding in forma pauperis, in which case anoriginal and ten copies of both the petition
`for writ of certiorari and the motion for leave to proceed in forma pauperis mustbefiled.
`See Supreme Court Rule 12.
`
`Filing. Petitions are filed in paper at Clerk, Supreme Court of the United States, 1 First
`Street, NE, Washington, DC 20543.
`
`Effective November13, 2017, electronic filing is also required for filings submitted by
`parties represented by counsel. See Supreme Court Rule 29.7. Additional information
`aboutelectronic filing at the Supreme Courtis available at
`https://www.supremecourt.gov/filingandrules/electronicfiling.aspx.
`
`No documentsare filed at the Federal Circuit and the Federal Circuit provides no
`information to the Supreme Court unless the Supreme Court asksfor the information.
`
`Revised May 10, 2018
`
`