`
`NOTE: This order is nonprecedential.
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`AMGEN INC., AMGEN MANUFACTURING
`LIMITED,
`Appellants
`
`v.
`
`ANDREI IANCU, UNDER SECRETARY OF
`COMMERCE FOR INTELLECTUAL PROPERTY
`AND DIRECTOR OF THE UNITED STATES
`PATENT AND TRADEMARK OFFICE,
`Intervenor
`______________________
`
`2019-2171
`______________________
`
`Appeal from the United States Patent and Trademark
`Office, Patent Trial and Appeal Board in No. IPR2016-
`01542.
`
`______________________
`
`O R D E R
`______________________
`
`PER CURIAM.
`
`In light of this court’s decision in Arthrex, Inc. v. Smith
`& Nephew, Inc., No. 18-2140 (Fed. Cir. Oct. 31, 2019) (reh’g
`en banc denied Mar. 23, 2020), and the fact that Amgen
`
`Amgen
`Exhibit 2069
`Apotex Inc., et al. v. Amgen Inc., et al.
`IPR2016-01542
`
`Ex. 2069-001
`
`
`
`Case: 19-2171 Document: 48 Page: 2 Filed: 03/24/2020
`
`2
`
`
`
`AMGEN INC. v. IANCU
`
`Inc. and Amgen Manufacturing Limited have raised an Ap-
`pointments Clause challenge in the opening brief in the
`above captioned case,
`
`IT IS ORDERED THAT:
`
`(1) The oral argument scheduled for May 7, 2020 is can-
`celled and the case is removed from the calendar.
`
`(2) The Patent Trial and Appeal Board’s decision in No.
`IPR2016-01542 is vacated and the case is remanded to the
`Board for proceedings consistent with the court’s decision
`in Arthrex.
`
`
`
`March 24, 2020
`Date
`
`FOR THE COURT
`
`/s/ Peter R. Marksteiner
`Peter R. Marksteiner
`Clerk of Court
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Ex. 2069-002
`
`
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