BEDGEAR, LLC v. FREDMAN BROS. FURNITURE CO. , No. 18-2170 (Fed. Cir. 2020)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on October 11, 2019.
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Case: 18-2170 Document: 65 Page: 1 Filed: 04/29/2020 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ BEDGEAR, LLC, Appellant v. FREDMAN BROS. FURNITURE COMPANY, INC., Appellee ______________________ 2018-2170 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR201700524. ______________________ 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 Case: 18-2170 2 Document: 65 Page: 2 Filed: 04/29/2020 BEDGEAR, LLC v. FREDMAN BROS. FURNITURE CO. 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
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