This morning, the Federal Circuit issued one precedential opinion in a patent case. The court also issued three nonprecedential opinions in a Tucker Act case and patent cases. Here are the introductions to the opinions.

Fitbit, Inc. v. Valencell, Inc. (Precedential)

Fitbit, Inc. appeals the Final Written Decision of the United States Patent Trial and Appeal Board (“PTAB” or “Board”),concerning the inter partes review (“IPR”) of United States Patent No. 8,923,941 (“the ’941 patent”) owned by Valencell, Inc. The ’941 patent, entitled “Methods and Apparatus for Generating Data Output Containing Physiological and Motion-Related Information,” concerns systems for obtaining and monitoring information such as blood oxygen level, heart rate, and physical activity. 

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We hold that Fitbit has a right to appeal. However, we conclude that the Board erred in its rulings that claims 3– 5 are not unpatentable. We vacate these rulings, and remand for determination of the merits of patentability of claims 3–5. 

Utley v. United States (Nonprecedential)

Charles Utley appeals from the final decision of the United States Court of Federal Claims dismissing his complaint for lack of subject-matter jurisdiction. Because we agree that the Court of Federal Claims lacks jurisdiction to hear his complaint, we affirm. 

Via Vadis, LLC v. Blizzard Entertainment, Inc. (Nonprecedential)

Via Vadis, LLC and AC Technologies S.A. (collectively, Via Vadis) appeals a decision of the U.S. District Court for the Western District of Texas finding the claim term “prespecified parameters” in U.S. Patent No. RE40,521 (’521 patent) indefinite, thereby rendering the asserted claims invalid under 35 U.S.C. § 112, ¶ 2.  For the reasons that follow, we affirm-in-part and reverse-in-part. 

In re Zunshine (Nonprecedential)

Zach Zunshine appeals from a decision of the Patent Trial and Appeal Board (“Board”) affirming the rejection of claims 1–3 of U.S. Patent Application No. 15/726,162 (“the ’162 application”) as ineligible for patenting under 35 U.S.C. § 101. We affirm.