NOTE: This order is nonprecedential.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.
O R D E R
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 order2 2 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 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 remanded 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