Bedgear IPR2017-00524 decision is vacated over Arthrex

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.