This morning the Federal Circuit issued a precedential opinion reversing a judgment of the United States Court of Federal Claims in a vaccine case. The court also issued two nonprecedential opinions, one in a veterans case and one in a patent case. Here are the introductions to the opinions.
Kirby v. Secretary of Health and Human Services (Precedential)
Christie Kirby appeals a decision of the United States Court of Federal Claims reversing a special master’s ruling that she is entitled to damages under the Vaccine Act. Kirby v. Sec’y of Health & Human Servs., 148 Fed. Cl. 530 (2020). We reverse.
Luckett v. McDonough (Nonprecedential)
David Luckett appeals the final decision of the United States Court of Appeals for Veterans Claims affirming a Board of Veterans’ Appeals decision which found that the VA overpaid Mr. Luckett $31,551.08 that should have been paid to his attorney and that the VA could recoup the overpayment. Because we find that the overpayment to Mr. Luckett of his attorney’s fee falls within the scope of 38 C.F.R. § 1.911(a), we affirm.
Corephotonics, Ltd. v. Apple Inc. (Nonprecedential)
Corephotonics, Ltd. appeals a final written decision of the Patent Trial and Appeal Board in an inter partes review brought by Apple Inc. Corephotonics argues that the Board issued its decision in violation of the Appointments Clause because the Board’s decision came after this court’s decision in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320, 1335 (Fed. Cir. 2019) but before this court issued its mandate. On this basis, Corephotonics argues that the Board’s decision should be vacated and remanded. On the merits, Corephotonics argues that substantial evidence does not support the Board’s findings as to patentability. Because we determine that the Board issued its decision after this court’s decision in Arthrex we decline to vacate and remand the Board’s decision underlying this appeal. Moreover, because substantial evidence supports the Board’s patentability determination, we affirm.