NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

SILVER PEAK SYSTEMS, INC., Appellant

v.

JOSEPH MATAL, PERFORMING THE FUNCTIONS AND DUTIES OF THE UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR, U.S. PATENT AND TRADEMARK OFFICE, Intervenor ______________________

2015-2072 ______________________

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2014- 00245. ______________________

Decided: October 24, 2017 ______________________

DARREN EDWARD DONNELLY, Fenwick & West, LLP, Mountain View, CA, argued for appellant. Also repre- sented by JASON E. AMSEL; EMAN SOJOODI, San Francisco, CA. 2 SILVER PEAK SYSTEMS, INC. v. MATAL

JEREMIAH HELM, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor. Also represented by THOMAS W. KRAUSE, SCOTT WEIDENFELLER, ROBERT MCBRIDE. ______________________

Before PROST, Chief Judge, BRYSON and WALLACH, Circuit Judges. PROST, Chief Judge. In light of this court’s en banc decision in Aqua Prod- ucts, Inc. v. Matal, No. 2015-1177, 2017 WL 4399000 (Fed. Cir. Oct. 4, 2017) (en banc), the judgment of the Patent Trial and Appeal Board is vacated and this case is re- manded to the Board for further proceedings consistent with Aqua. VACATED AND REMANDED