This morning the Federal Circuit issued two nonprecedential opinions. The first opinion comes in a patent case appealed from the Patent Trial and Appeal Board, and it addresses the Board’s determination that claims are invalid for obviousness. The second opinion comes in veterans case appealed from the Court of Appeals for Veterans Claims, and it addresses the Board of Veterans’ Appeals denial of compensation to a veteran. Here are the introductions to the opinions.
Uniloc 2017 LLC v. Facebook, Inc. (Nonprecedential)
Uniloc 2017 LLC (Uniloc) owns U.S. Patent No. 8,724,622, which addresses instant voice messaging by use of voice-over-internet-protocol (VoIP) communications. Facebook, Inc. and WhatsApp, Inc. (collectively, Facebook) challenged various claims of the ’622 patent in two inter partes reviews in the Patent and Trademark Office. The Office’s Patent Trial and Appeal Board held all challenged claims unpatentable for obviousness, except for dependent claims 4 and 5. Facebook, Inc. v. Uniloc 2017 LLC, IPR2017-01668, Paper No. 35, at 111–12 (P.T.A.B. Jan. 16, 2019) (Final Written Decision). Both Uniloc and Facebook appeal. We reject Uniloc’s challenges to the Board’s decision. But on Facebook’s cross-appeal, we hold that the Board misunderstood Facebook’s petition regarding claims 4 and 5, and we therefore vacate the Board’s decision as to those claims and remand for any further proceedings as may be necessary and appropriate regarding those claims.
Cerana v. McDonough (Nonprecedential)
Lester Cerana appeals the decision of the United States Court of Appeals for Veterans Claims affirming the Board of Veterans’ Appeals denial of compensation for left toe amputation. Because Mr. Cerana’s challenges on appeal involve the application of law to fact, we dismiss for lack of jurisdiction