Use It Or Lose It – Second Appeal Appointments Clause Challenge Deemed Forfeited

An April 13, 2021 decision by the Federal Circuit denied a motion to vacate and remand PTAB decisions based on the Federal Circuit’s October 2019 decision in Arthrex v. Smith & Newman, Inc., et al., 941 F.3d 1320 (Fed. Cir. 2019), because the appellant, Vivint, had forfeited its Appointments Clause challenge by not raising it in an earlier appeal of the case to the Federal Circuit where Vivint was also an appellant. Vivint v. Inc., No. 2019-2438, 2019-2439 (Fed. Cir. Apr. 13, 2021)....
By: Jones Day