Today the Federal Circuit issued one precedential opinion in a patent case, one nonprecedential opinion in a veterans case, one nonprecedential opinion in a Merit Systems Protection Board case, and five Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.

OSI Pharmaceuticals, LLC v. Apotex Inc. (Precedential)

OSI Pharmaceuticals, LLC appeals the decision of the Patent Trial and Appeal Board holding claims 44–46 and 53 of U.S. Patent No. 6,900,221 unpatentable as obvious. We conclude that the Board’s finding of reasonable expectation of success is not supported by substantial evidence and reverse the Board’s obviousness determination.

Sommer v. Wilkie (Nonprecedential)

Thelma S. Sommer appeals a decision of the U.S. Court of Appeals for Veterans Claims (“Veterans Court”) dismissing her case for lack of jurisdiction under 38 U.S.C. §§ 7252, 7266(a). Sommer v. Wilkie, No. 19-1508, 2019 U.S. App. Vet. Claims LEXIS 111 (Vet. App. Jan. 28, 2019) (“Veterans Court Decision”). Because we too lack jurisdiction, we dismiss.

Freman v. Army (Nonprecedential)

James C. Freeman petitions for review of the final decision of the Merit Systems Protection Board (the “Board”) affirming the Army’s decision to remove Freeman from his position as cook because of his frequent absences from work without leave. See Freeman v. Dep’t of the Army, No. AT- 0752-19-0119-I-1 (M.S.P.B. Mar. 13, 2019); S.A. 1–15. We affirm.

Rule 36 Judgments