Facebook, Inc. v. Windy City Innovations, LLC

NOTE: This order is nonprecedential.

United States Court of Appeals
for the Federal Circuit
______________________
FACEBOOK, INC.,
Appellant

v.

WINDY CITY INNOVATIONS, LLC,
Cross-Appellant
______________________

2018-1400, 2018-1401, 2018-1402, 2018-1403, 2018-1537,
2018-1540, 2018-1541
______________________

Appeals from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in Nos. IPR2016-
01156, IPR2016-01157, IPR2016-01158, IPR2016-01159,
IPR2017-00659, IPR2017-00709.
______________________

O R D E R
______________________

Before P
ROST, Chief Judge, PLAGER and O’MALLEY, Circuit
Judges.

PER CURIAM.

We issued our opinion and judgment in these cases on
March 18, 2020. See Facebook, Inc. v. Windy City
Case: 18-1400 Document: 102 Page: 1 Filed: 04/30/2020

FACEBOOK, INC. v. WINDY CITY INNOVATIONS, LLC
2
Innovations, LLC, 953 F.3d 1313 (Fed. Cir. 2020). On April
20, 2020, Facebook, Inc. timely filed a combined petition for
panel rehearing and rehearing en banc. See ECF 100. This
petition is currently pending before the court.
On April 21, 2020, Facebook submitted a citation of
supplemental authority pursuant to Federal Rule of Appel-
late Procedure 28(j) citing the Supreme Court’s recent de-
cision in Thryv, Inc. v. Click-to-Call Technologies, LP,
No. 18-916, __ S.Ct. __, 2020 WL 1906544 (Apr. 20, 2020).
The court now invites the parties, and the Director of the
United States Patent and Trademark Office as an amicus
curiae, to file supplemental briefs explaining their views
regarding the effect, if any, of the Supreme Court’s decision
in Thryv on our decision in this case.
I
T IS ORDERED THAT:
1) The parties’ and the Director’s invited supple-
mental briefs are due no later than 10 days from the date
of this order and may not exceed 15 pages.
2) Additional amici curiae may seek leave of the court
to submit briefs related to the effect of Thryv on our deci-
sion in this case. Each amicus brief and motion must be
filed no later than 10 days from the date of this order, and
the brief may not exceed 10 pages.

F
OR THE COURT

April 30, 2020 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court

Case: 18-1400 Document: 102 Page: 2 Filed: 04/30/2020