Today the Federal Circuit issued one precedential opinion in a patent case and one precedential modified and reissued opinion in case challenging the amount of a grant awarded by the Department of the Treasury. Related to the second opinion, the court also issued two nonprecedential orders granting panel rehearing for the limited purpose of substituting the revised opinion for the previously issued opinion. Here are the introductions to the opinions and orders.
In re Fought (Precedential)
David Fought and Martin Clanton (collectively, Appellants) are the named inventors on U.S. Patent Application No. 13/507,528, filed on July 5, 2012. The examiner rejected claims 1 and 2 under 35 U.S.C. § 102(b), and the Patent Trial and Appeal Board affirmed. Ex Parte Fought & Clanton, No. 2017-000315, 2018 WL 4458741 (P.T.A.B. Aug. 28, 2018) (Board Decision). Because we hold the Board erred in concluding “travel trailer” does not limit the scope of the claims, we reverse and remand for further proceedings consistent with this opinion.
Westrock Virginia Corp. v. United States (Precedential)
WestRock Virginia Corporation (“WestRock”) appeals a decision of the United States Court of Federal Claims (“Claims Court”) affirming the Department of the Treasury’s award of a cash grant to WestRock in an amount that WestRock contends is less than the grant amount required under Section 1603 of the American Recovery and Reinvestment Act of 2009 (“Section 1603”). WestRock Va. Corp. v. United States, 136 Fed. Cl. 267 (2018). Because the Claims Court correctly determined that the amount of Treasury’s grant award was consistent with Section 1603, we affirm.
Westrock Virginia Corp. v. United States (Nonprecedential Order)
Appellant Westrock Virginia Corporation filed a combined petition for panel rehearing and rehearing en banc. A response to the petition was invited by the court and filed by Appellee United States. The petition was referred to the panel that heard the appeal, and thereafter the petition for rehearing en banc was referred to the circuit judges who are in regular active service.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The petition for panel rehearing is granted for the limited purpose of substituting the attached revised opinion for the previously issued opinion. See accompanying order.
(2) The petition for rehearing en banc is denied.
(3) The mandate of the court will issue on December 26, 2019
Westrock Virginia Corp. v. United States (Nonprecedential Order)
This court issued a precedential opinion in this case on June 28, 2019. Westrock Virginia Corp. v. United States, 928 F.3d 1019 (Fed. Cir. 2019). On August 12, 2019, Westrock filed a combined petition for panel rehearing and rehearing en banc.
Accordingly,
IT IS ORDERED THAT:
1. Petitioner’s petition for panel rehearing is granted for the limited purpose of substituting the attached revised opinion for the previously issued opinion.
2. The previous precedential opinion and judgment, dated June 28, 2019, are hereby withdrawn and replaced with the modified precedential opinion and judgment attached to this order. This substitution does not change the result.