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Case: 19-2160 Document: 12 Page: 1 Filed: 08/13/2021
`
`NOTE: This order is nonprecedential.
`
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`UNILOC 2017 LLC,
`Appellant
`
`v.
`
`FACEBOOK, INC., WHATSAPP, INC.,
`Cross-Appellants
`
`ANDREW HIRSHFELD, Performing the Functions
`and Duties of the Under Secretary of Commerce for
`Intellectual Property and Director of the United
`States Patent and Trademark Office,
`Intervenor
`______________________
`
`2019-2159, -2162
`______________________
`
`Appeals from the United States Patent and Trademark
`Office, Patent Trial and Appeal Board in Nos. IPR2017-
`01667, IPR2017-01668, IPR2017-02090, IPR2018-00579,
`and IPR2018-00580.
`---------------------------------------------------------------------------------
`
`
`APPLE INC.,
`Appellant
`
`ANDREW HIRSHFELD, Performing the Functions
`and Duties of the Under Secretary of Commerce for
`Intellectual Property and Director of the United
`
`
`
`
`
`

`

`Case: 19-2160 Document: 12 Page: 2 Filed: 08/13/2021
`
`2
`
`
`
`UNILOC 2017 LLC v. FACEBOOK, INC.
`
`States Patent and Trademark Office,
`Intervenor
`
`v.
`
`UNILOC 2017 LLC,
`Appellee
`______________________
`
`2019-2160
`______________________
`
`Appeal from the United States Patent and Trademark
`Office, Patent Trial and Appeal Board in Nos. IPR2017-
`01667 and IPR2017-01668.
`______________________
`
`ON MOTION
`______________________
`
`
`PER CURIAM.
`
`O R D E R
`On June 23, 2021, this court ordered the parties to re-
`spond how they believe the above-captioned appeals should
`proceed in light of United States v. Arthrex, Inc., 141 S. Ct.
`1970 (2021). In response, Uniloc 2017 LLC states that it
`no longer wishes to pursue its Appointments Clause chal-
`lenge. Uniloc and Apple Inc. also jointly move to dismiss
`Apple’s appeal, Appeal No. 2019-2160, and to dismiss Ap-
`ple as a party to Uniloc’s appeal, Appeal No. 2019-2162.
`Facebook, Inc., WhatsApp, Inc., and intervenor do not op-
`pose the motion.
` Upon consideration thereof,
`IT IS ORDERED THAT:
`
`(1) The stay is lifted.
`
`

`

`Case: 19-2160 Document: 12 Page: 3 Filed: 08/13/2021
`
`UNILOC 2017 LLC v. FACEBOOK, INC.
`
` 3
`
`(2) The motion is granted. Appeal No. 2019-2160 is
`dismissed. The revised official caption for Appeal Nos.
`2019-2159, -2162 is reflected above.
`(3) Each side shall bear its own costs in Appeal No.
`2019-2160.
`(4) The Clerk of Court shall transmit a copy of this or-
`der to the merits panel assigned to Appeal Nos. 2019-2159,
`-2162.
`(5) Appeal Nos. 2019-2159, -2162 will be scheduled for
`oral argument in due course.
`
`
`August 13, 2021
`Date
`
`FOR THE COURT
`
`/s/ Peter R. Marksteiner
`Peter R. Marksteiner
`Clerk of Court
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`s32
`
`ISSUED AS A MANDATE (as to 2019-2160 only):
`August 13, 2021
`
`

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