Opinions

This morning the Federal Circuit issued three nonprecedential opinions: one in a government contract case, one in a Merit Systems Protection Board case, and one in a patent case. Here are the introductions to the opinions.

United States Army Corps of Engineers v. John C. Grimberg Co. (Nonprecedential)

The United States Army Corps of Engineers (“Corps”) appeals a decision of the Armed Services Board of Contract Appeals (“Board”) holding that John C. Grimberg Co., Inc. (“Grimberg”) is entitled to an equitable adjustment to the contract price for construction of the Navy Medical Biological Defense Research Laboratory (“Biolab”) in Fort Detrick, Maryland. John C. Grimberg Co., ASBCA Nos. 58791, 59167, 59168, 59169, 59170, 59171, 59717, 18-1 BCA ¶ 37,191. While we understand the Board’s desire to reach a conclusion it felt was not unjust in the circumstances, for the reasons discussed below, we must reverse.

Cerulli v. Department of Defense (Nonprecedential)

Nathan B. Cerulli appeals from a decision of the Merit Systems Protection Board (Board) denying Mr. Cerulli’s request for corrective action under the Whistleblower Protection Act (WPA). We affirm.

Merck Sharp & Dohme Corp. v. Microspherix, LLC (Nonprecedential)

Merck appeals from three decisions of the United States Patent and Trademark Office’s Patent Trial and Appeal Board (“the Board”) in three inter partes reviews that Merck Sharp & Dohme Corp., Merck Sharp & Dohme B.V., and Organon USA, Inc. (collectively “Merck”) failed to establish by a preponderance of the evidence that claims 1–5 and 9–25 of U.S. Patent 9,636,401 (“the ’401 patent”), claims 1–19 of U.S. Patent 9,636,402 (“the ’402 patent”), and claims 1–4, 9–12, and 14–20 of U.S. Patent 8,821,835 (“the ’835 patent”) are unpatentable. Merck Sharp & Dohme Corp. v. Microspherix LLC, IPR No. 2019-00402, (P.T.A.B. July 8, 2019) (“401 Decision”); Merck Sharp & Dohme Corp. v. Microspherix LLC, IPR No. 2019-00393, 2019 WL 2932663 (P.T.A.B. July 8, 2019) (“402 Decision”); Merck Sharp & Dohme Corp. v. Microspherix LLC, IPR No. 2018-00602, 2019 WL 2932664 (P.T.A.B. July 8, 2019) (“835 Decision”). Because the Board’s decisions are supported by substantial evidence, we affirm.