New Vision Gaming & Development, Inc. v. SG Gaming, Inc. (Fed. Cir. 2021) | McDonnell Boehnen Hulbert & Berghoff LLP
New Vision's arguments were unavailing, however, as the Federal Circuit avoided the issue entirely, ruling last week that the Board's 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 Circuit's opinion was written by Judge Moore joined by Judge Taranto and in part by Judge Newman, who also dissented-in-part. It is Judge Newman's dissent that is noteworthy, because Jud...
Source: jdsupra.com