This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board and a nonprecedential opinion dismissing an appeal from the United States Court of Appeals for Veterans Claims for lack of jurisdiction. Here are the introductions to the opinions.

Oren Technologies, LLC v. Proppant Express Investments LLC (Nonprecedential)

Oren Technologies, LLC (“Oren”) appeals the decision of the Patent Trial and Appeal Board (“PTAB” or “Board”), ruling on inter partes review (“IPR”) that claims 1–7, 9, 10, and 12–20 (all the challenged claims) of U.S. Patent No. 9,403,626 (“the ’626 patent”) are unpatentable on the ground of obviousness. Oren had charged Proppant Express Investments LLC (“PropX”) with infringement of the ’626 patent, together with continuation U.S. Patent No. 9,511,929 (“the ’929 patent”) and a third related patent, U.S. Patent No. 9,296,518 (“the ’518 patent”) in the United States District Court for the Southern District of Texas. While the district court case was pending, PropX filed this petition for IPR of the ’626 patent, and corollary petitions for the ’929 and ’518 patents. The PTAB found the ’626 patent invalid for obviousness. Oren appealed. We conclude that the PTAB erred in basing its obviousness finding on a ground of unpatentability not presented by petitioner and in its evidentiary analysis on the objective evidence of nonobviousness. We reverse-in-part, vacate-in-part, and remand.

Windham v. McDonough (Nonprecedential)

Larry Windham appeals the decision of the United States Court of Veterans Claims that affirmed the decision of the Board of Veterans’ Appeals denying service connection for chronic fatigue. For the reasons below, we dismiss Mr. Windham’s appeal for lack of jurisdiction.