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...