Today the Federal Circuit issued one nonprecedential opinion in a patent case, one nonprecedential opinion in a veterans case, and a Rule 36 judgment. Here are the introductions to the opinions.
WAG Acquisition, LLC v. WebPower, Inc. (Nonprecedential)
WebPower, Inc. sought inter partes review of claims 1– 28 of U.S. Patent No. 8,122,141 (the ’141 patent) before the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board. The Board instituted review of claims 10–23 of the ’141 patent and, in its final written decision, found all of these claims unpatentable. WAG Acquisition, LLC, owner of the ’141 patent, appeals the Board’s decision as to claims 10–18. Because the Board’s validity analysis rests on an incorrect claim construction, we vacate the decision as to the appealed claims and remand for further proceedings consistent with this opinion.
George v. Wilkie (Nonprecedential)
Claimant-Appellant Bobby George appeals from a decision of the Court of Appeals for Veterans Claims affirming a determination by the Board of Veterans’ Appeals that it did not commit clear and unmistakable error in a 2014 decision concerning Mr. George’s claims for post-traumatic stress disorder. The Government makes several arguments on appeal, including that the Court of Appeals for Veterans Claims lacked jurisdiction because Mr. George’s clear and unmistakable error claim on appeal was distinct from the allegations he raised to the Board of Veterans’ Appeals. Because the Court of Appeals for Veterans Claims did not consider whether it lacked jurisdiction, we vacate and remand.