Opinion
2018-2170
04-29-2020
BEDGEAR, LLC, Appellant v. FREDMAN BROS. FURNITURE COMPANY, INC., Appellee
NOTE: This order is nonprecedential. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2017-00524.
ON PETITION FOR PANEL REHEARING
Before LOURIE, MAYER, and TARANTO, Circuit Judges. PER CURIAM.
ORDER
Bedgear, LLC petitions the court for panel rehearing on the basis that it raised an Appointments Clause challenge in its opening brief. In view of this court's decision in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019), and this court's precedential order denying the petitions for rehearing in Arthrex, Inc. v. Smith & Nephew, Inc., 953 F.3d 760 (Fed. Cir. 2020),
IT IS ORDERED THAT:
1) Bedgear LLC's petition for panel rehearing is granted.
2) The court's decision affirming the decision of the Patent Trial and Appeal Board is vacated.
3) The Patent Trial and Appeal Board's decision in No. IPR2017-00524 is vacated and the case is remanded to the Board for proceedings consistent with this court's decisions in Arthrex.
FOR THE COURT
April 29, 2020
Date
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court