This morning, the Federal Circuit released a precedential opinion dismissing an appeal from the Patent Trial and Appeal Board for a lack of standing. The court also released a nonprecedential opinion in a case appealed from the Merit Systems Protection Board as well as a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

Apple Inc. v. Qualcomm Inc. (Precedential)

Apple Inc. appeals an inter partes review final written decision of the Patent Trial and Appeal Board holding Apple did not prove claims 1–14 and 16–18 of U.S. Patent No. 7,844,037 would have been obvious. Apple also appeals another final written decision of the Board holding Apple did not prove claims 1–6 and 8–20 of U.S. Patent No. 8,683,362 would have been obvious. Because Apple lacks standing to maintain either appeal, we dismiss.

Sphatt v. Department of Homeland Security (Nonprecedential)

Jane Sphatt was removed from her position as an Immigration Officer at the Department of Homeland Security’s United States Citizenship and Immigration Services (the Agency) in April 2019 for misuse of her government position and government credentials, lack of candor, and unauthorized use of a government database. The Merit Systems Protection Board affirmed the Agency’s decision, finding all four charges supported by the evidence and the penalty of removal reasonable. J.A. 7–68; Sphatt v. Dep’t of Homeland Security, No. NY-0752-19-0146-I-1, 2020 WL 71044 (M.S.P.B. Jan. 2, 2020). The Board also rejected Ms. Sphatt’s affirmative defenses, including that the removal was tainted by procedural defects and was based on conduct that occurred too long ago. We affirm.

Rule 36 Judgment