Customedia Tells Justices Fed. Circ. Arthrex Denial Is 'Unjust'

Law360 (August 13, 2020, 10:22 PM EDT) -- Customedia Technologies LLC has told the U.S. Supreme Court that the Federal Circuit deprived it of due process by refusing to grant its request for an Arthrex remand because it hadn't raised an appointments clause challenge in its opening brief.

Customedia argued in a petition for certiorari, which was docketed Aug. 7, that the Federal Circuit's refusal to consider the intervening change in law marked by Arthrex "effectively abolished exceptions to forfeiture."

"Contrary to this court's precedents, as well as its own, the Federal Circuit created an unjust rule that, 'Any argument not presented in, or prior to filing, an opening...

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