Bedgear, LLC v. Fredman Bros. Furniture Company, Inc.

NOTE: This order is nonprecedential.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 L
OURIE, MAYER, and TARANTO, Circuit Judges.
P
ER CURIAM.
O R D E R
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: 1 Filed: 04/29/2020

BEDGEAR, LLC v. FREDMAN BROS. FURNITURE CO.
2
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

Case: 18-2170 Document: 65 Page: 2 Filed: 04/29/2020