       NOTE: This disposition is nonprecedential.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
