Opinions

This morning the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential opinion in a veterans case. Here are the introductions to the opinions.

Immunex Corp. v. Sanofi-Aventis U.S. LLC (Precedential)

This is a consolidated appeal from two Patent Trial and Appeal Board (“Board”) decisions in inter partes reviews (“IPRs”) of U.S. Patent No. 8,679,487 (“the ’487 patent”), owned by Immunex Corp. (“Immunex”). Sanofi-Aventis U.S. LLC, Genzyme Corp., and Regeneron Pharmaceuticals, Inc. (collectively, “Sanofi”) challenged the ’487 patent, which covers isolated human antibodies that bind the human interleukin-4 receptor. The Board invalidated all challenged claims in one of the IPRs, No. IPR2017-01884. Immunex appeals, contesting the construction of the claim term “human antibodies.” In the other IPR, No. IPR2017- 01879, involving a subset of the same claims, the Board did not invalidate the patents for reasons of inventorship. Sanofi appeals, contesting the Board’s inventorship determination. We consolidated the cases in the nature of an appeal and a cross-appeal. For the reasons below, we agree with the Board’s claim construction in No. IPR2017-01884 (here, “the appeal”). Accordingly, we affirm that invalidity decision. Because this leaves valid no claims at issue in the second IPR, we dismiss Sanofi’s inventorship appeal from No. IPR2017-01879 (here, the “cross-appeal”).

Hollins v. Wilkie (Nonprecedential)

Eric Jerome Hollins appeals the decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”) that affirmed a decision of the Board of Veterans’ Appeals (“Board”), denying him entitlement to service connection for diabetes. Because we lack jurisdiction to review the issue Mr. Hollins appears to raise in this appeal, we dismiss.