This morning the Federal Circuit issued two nonprecedential opinions in cases appealed from the Patent Trial and Appeal Board. The cases address the patentability requirement of non-obviousness. The court also issued a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

Firstface Co. v. Apple Inc. (Nonprecedential)

Firstface Co., Ltd. appeals an inter partes review decision of the Patent Trial and Appeal Board (Board) finding claims 1, 8, 9, and 15 of U.S. Patent No. 8,831,557 (’557 patent) unpatentable as obvious on two separate grounds: (1) Fadell in view of an iOS User Guide (iOS) and Gagneraud, and (2) Goertz in view of Herfet. Apple Inc. v. Firstface Co., IPR2019-00612, 2020 Pat. App. LEXIS 12613 (P.T.A.B. July 31, 2020). We affirm the Board’s decision on the first ground and, accordingly, need not and do not address the second challenged ground.

Apple Inc. v. Firstface Co. (Nonprecedential)

Apple Inc. appeals four inter partes review decisions of the Patent Trial and Appeal Board (Board) finding that Apple did not meet its burden of proving claims 11–14 and 18 of U.S. Patent No. 9,633,373 (’373 patent) and claims 10–13 and 15–17 of U.S. Patent No. 9,779,419 (’419 patent) unpatentable as obvious under 35 U.S.C. § 103(a). Apple Inc. v. Firstface Co., IPR2019-00613, IPR2019-01011, 2020 Pat. App. LEXIS 12595 (P.T.A.B. July 31, 2020); Apple Inc. v. Firstface Co., IPR2019-00614, IPR2019-01012, 2020 Pat. App. LEXIS 12655 (P.T.A.B. July 31, 2020). For the reasons discussed, we affirm the Board’s decisions.

Rule 36 Judgment