BEDGEAR LLC v. FREDMAN BROS FURNITURE COMPANY INC (2020)

United States Court of Appeals, Federal Circuit.

BEDGEAR, LLC, Appellant v. FREDMAN BROS. FURNITURE COMPANY, INC., Appellee

2018-2170

Decided: April 29, 2020

Before Lourie, Mayer, and Taranto, Circuit Judges. Joseph J. Richetti, Attorney, Alexander David Walden, Attorney, Bryan Cave Leighton Paisner LLP, New York, NY, K. Lee Marshall, Esq., Attorney, Bryan Cave Leighton Paisner LLP, San Francisco, CA, for Appellant Jason R. Mudd, Eric Allan Buresh, Esq., Erise IP, P.A., Overland Park, KS, for Appellee

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.

Per Curiam.