This morning the Federal Circuit issued two nonprecedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board. The second comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also issued a nonprecedential order granting a motion to voluntarily dismiss a case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions and order.
Boston Scientific v. Nevro Corp. (Nonprecedential)
Boston Scientific Neuromodulation Corp. appeals a decision of the Patent Trial and Appeal Board invalidating all claims of U.S. Patent No. 6,381,496 as obvious. Because substantial evidence supports the Board’s factual findings, we affirm.
Harbin v. McDonough (Nonprecedential)
Kimera Y. Harbin appeals the February 25, 2021 decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”). Harbin v. McDonough, No. 19- 7386 (Vet. App. Feb. 25, 2021), App. 1–6. In that decision, the Veterans Court affirmed the September 18, 2019 decision of the Board of Veterans’ Appeals (“Board”), in which the Board ruled that Mrs. Harbin’s appeal of the denial of her claim for survivor death benefits was untimely. App. 102. For the reasons set forth below, we dismiss Mrs. Harbin’s appeal for lack of jurisdiction.
Poythress v. Department of Veterans Affairs (Nonprecedential Order)
The parties move to dismiss the above-captioned appeal pursuant to Fed. R. App. P. 42(b) with prejudice and with each side to bear its own costs and fees.
Upon consideration thereof,
IT IS ORDERED THAT:
The motion is granted. The appeal is dismissed as stipulated.