Nantkwest, Inc. v. Matal

ORDER

This case was argued before a panel of three judges on February 9, 2017. A sua sponte request for a poll on whether to reconsider this case was made. A poll was conducted and a majority of the judges who are in regular active service voted for sua sponte en banc consideration. '

Accordingly,

IT IS ORDERED THAT:(1) The panel opinion of June 23, 2017 is vacated, and the appeal is reinstated.(2) This case will be heard en banc sua sponte under 28 U.S.C. § 46 and Federal Rule of Appellate Procedure 35(a). The court en banc shall consist of all circuit judges in regular active service who are…