This morning the Federal Circuit issued two nonprecedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board and addresses novelty and obviousness. The second comes in a benefits case appealed from the Merit Systems Protection Board. Additionally, the court issued a nonprecedential order denying a petition for a writ of mandamus seeking to direct the Western District of Texas to dismiss a patent case for improper venue. Here are the introductions to the opinions and order.
Quest Diagnostics Investments LLC v. Hirshfeld (Nonprecedential)
Quest Diagnostics Investments LLC (Quest) appeals a decision of the Patent Trial and Appeal Board (Board) in IPR2019-00738 finding claims 1, 2, and 4–14 of U.S. Patent No. 8,409,862 (the ’862 patent) unpatentable as either anticipated under 35 U.S.C. § 102 or obvious under 35 U.S.C. § 103. For the reasons stated herein, we affirm.
Colicelli v. Department of Veterans Affairs (Nonprecedential)
Marcus Colicelli seeks review of a decision of the Merit Systems Protection Board (“board”) denying his claim seeking an award of additional paid military leave for calendar years 2016, 2017, and 2018. See Colicelli v. Dep’t of Veterans Affs., No. DC-4324-19-0769-I-1, 2020 WL 1915737 (M.S.P.B. Apr. 14, 2020). For the reasons discussed below, we vacate in part and remand.
In re Medtronic, Inc. (Nonprecedential Order)
Medtronic, Inc. petitions for a writ of mandamus directing the United States District Court for the Western District of Texas to dismiss this patent case for improper venue under 28 U.S.C. § 1400(b). Alternatively, Medtronic, Inc. asks this court to vacate the district court’s order denying its motion to transfer venue under 28 U.S.C. § 1404(a). TMT Systems, Inc. opposes the petition.
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Accordingly,
IT IS ORDERED THAT:
Medtronic, Inc.’s petition is denied.