By Dani Kass (February 19, 2020, 3:24 PM EST) -- Customedia's latest attempt to expand the Federal Circuit's Arthrex ruling to all pending cases relies on arguments that have been rejected by the full court twice, Dish Network has told the court.
Dish Network Corp. on Tuesday said Customedia Technologies LLC forfeited the appointments clause challenge at the heart of Arthrex, something the en banc court wasn't willing to overlook during an earlier appeal.
"These are the same issues presented and rejected in Customedia's prior motion for reconsideration," Dish said. "That Customedia raises them now with regards to the judgment on the merits does not change the substance of those arguments."...
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