This morning the Federal Circuit issued one precedential opinion in a Merit Systems Protection Board case, one precedential opinion in a patent case, and one nonprecedential opinion in a vaccine case. Here are the introductions to the opinions.

Avalos v. Department of Housing and Urban Development (Precedential)

This is a case about the removal of a federal employee who was illegally appointed to his position in the civil service. Mr. Edward M. Avalos appealed his removal from employment as the Field Office Director in Albuquerque, New Mexico, for the United States Department of Housing and Urban Development to the Merit Systems Protection Board. Because the Board correctly found that it had jurisdiction to review Mr. Avalos’s appointment and because substantial evidence supports the agency’s decision to remove Mr. Avalos to correct his illegal appointment, we affirm.

B/E Aerospace, Inc. v. C&D Zodiac, Inc. (Precedential)

B/E Aerospace, Inc. appeals a final written decision of the Patent Trial and Appeal Board that found certain claims of B/E’s aircraft lavatory-related patents obvious. B/E contends that the Board’s decision is erroneous because the Board incorporated a claim limitation that is not present in the prior art. B/E also contends that the Board erred by relying on printed matter that does not qualify as prior art under 35 U.S.C. § 311(b). We conclude that the Board’s final determination of obviousness is correct, and we do not reach the § 311(b) issue. On that basis we affirm the Board’s final written decision.

Austin v. Secretary of Health and Human Services (Nonprecedential)

Holly Austin appeals a decision of the United States Court of Federal Claims that affirmed the Special Master’s decision denying Ms. Austin compensation under the National Vaccine Injury Act. Because the Special Master did not err in deciding that Ms. Austin failed to prove that K.A., her son, experienced a post-vaccination encephalopathy, we affirm.