Raises Due Process Issues News Today

New Visions arguments were unavailing, however, as the Federal Circuit avoided the issue entirely, ruling last week that the Boards decision be vacated and the case remanded for hearing before a constitutionally properly appointed panel.  The basis for this decision is that New Vision had not waived its challenge under Arthrex, Inc. v. Smith & Nephew, now under review by the Supreme Court.  The Federal Circuits opinion was written by Judge Moore joined by Judge Taranto and in part by Judge N...