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(Reuters) - The U.S. Court of Appeals for the Federal Circuit remanded Patent Trial and Appeal Board decisions invalidating two card-game patents on Thursday based on its 2019 ruling in Arthrex Inc. v. Smith & Nephew Inc. that the board’s judges had been unconstitutionally appointed.
The United States Court of Appeals for the Federal Circuit is seen in Washington, D.C., U.S., August 30, 2020. REUTERS/Andrew Kelly
A three-judge panel remanded the case - as it has several others - for review by a new panel based New Vision Gaming & Development’s argument that its pre-Arthrex panel had been unconstitutionally appointed, but Circuit Judge Pauline Newman said in a partial dissent that the court should have first considered whether the PTAB wrongly disregarded a forum-selection clause signed by New Vision and SG Gaming Inc that may have required the case to be heard in Nevada.