Bedgear, LLC v. Fredman Bros. Furniture Co.

Opinion

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NOTE: This order is nonprecedential.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. 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 chal- lenge 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 Document: 65 Page: 2 Filed: 04/29/2020

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 Pa- tent 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 re- manded to the Board for proceedings consistent with this court’s decisions in Arthrex.

FOR THE COURT

April 29, 2020 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court