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Caterpillar Paving Products Inc. v. Wirtgen America, Inc.

No Arthrex Remand For Decision Issued Thirteen Days Post-Arthrex

Caterpillar Paving Products Inc. v. Wirtgen America, Inc.957 F.3d 1342 (Fed. Cir. May 6, 2020) (Lourie, DYK, Reyna) (PTAB) (3 of 5 stars)

Fed Cir denies motion to vacate IPR decision. Because Arthrex, 941 F.3d 1320 (Fed. Cir. 2019), issued before the Board’s final decision, the APJs issuing that decision were constitutionally appointed due to Arthrex’s judicial severance of the problematic statutes surrounding their appointment. That Arthrex issued after the hearing before the Board, and just thirteen days before the final decision, does not require otherwise, and the opinion notes that Arthrex “considered and rejected that argument.” Order at 3.

KEYWORDS: APPOINTMENTS CLAUSE; INTER PARTES REVIEW; CONSTITUTIONAL LAW