`
`Document: 70 Page: 1 Filed: 11/30/2021
`
`NOTE: This order is nonprecedential.
`
`miniteb ~tates QCourt of ~peals
`for tbe jf eberal QCircuit
`
`IMPLICIT, LLC,
`Appellant
`
`v.
`
`SONOS, INC.,
`Appellee
`
`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
`
`2020-1173, 2020-1174
`
`Appeals from the United States Patent and Trademark
`Office, Patent Trial and Appeal Board in Nos. IPR2018-
`00766, IPR2018-00767.
`
`PERCURIAM.
`
`ORDER
`
`
`
`Case: 20-1173
`
`Document: 70 Page: 2 Filed: 11/30/2021
`
`2
`
`IMPLICIT, LLC. v. SONOS, INC.
`
`Upon consideration of the judgment of the Supreme
`Court of the United States in Hirshfeld u. Implicit, LLC, et
`al., No. 20-1631, vacating and remanding to this court for
`further consideration in light of United States u. Arthrex,
`Inc., 594 U.S. _, 141 S. Ct. 1970, (2021) and Implicit's
`September 10, 2021 memorandum requesting "the same
`res ult" as in Arthrex,
`
`IT Is ORDERED THAT:
`
`(1) The mandate of this court issued on February 16,
`2021, is recalled, the appeals are reinstated, and this
`court's December 23, 2020 order is vacated.
`
`(2) This case is remanded for the limited purpose of al(cid:173)
`lowing appellant the opportunity to request Director re(cid:173)
`hearing of the final written decisions.
`
`(3) Appellant must file the request(s) for rehearing
`within 30 days from the date of this order.
`
`(4) This court retains jurisdiction over these appeals.
`
`(5) Appellant shall inform this court within 14 days of
`any decision denying rehearing. The Clerk of Court shall
`reactivate the appeals upon receipt of that notice.
`(6) Within 14 days of a decision granting rehearing, in(cid:173)
`tervenor shall inform the court of that decision and make
`any request to remand the case in full or continue the stay
`of proceedings. The intervenor's request shall include a
`statement of consent or opposition.
`
`November 30, 2021
`Date
`
`FOR THE COURT
`/s/ Peter R. Marksteiner
`Peter R. Marksteiner
`Clerk of Court
`
`
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