Case: 13-1153 Document: 23 Page: 1 Filed: 04/09/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________ INFINERA CORP., Appellant, v. CHEETAH OMNI, LLC, Appellee. __________________________ 2013-1153 (Reexamination No. 95/000,240) __________________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. __________________________ ON MOTION __________________________ ORDER Infinera Corporation moves without opposition to re- instate this appeal, to recall the mandate, and for an extension of time, until April 11, 2013, to file its opening brief.

Upon consideration thereof, IT IS ORDERED THAT: Case: 13-1153 Document: 23 Page: 2 Filed: 04/09/2013

INFINERA CORP. v. CHEETAH OMNI, LLC 2 (1) The motion to reinstate the appeal and to recall the mandate is granted. The court’s March 22, 2013 order is vacated, the court’s mandate is recalled and the appeal is reinstated. (2) The motion for an extension of time is granted.

The appellant’s opening brief is due on or before April 11, 2013.

FOR THE COURT

/s/ Jan Horbaly Jan Horbaly Clerk s21