This morning the Federal Circuit released a precedential opinion in a patent case appealed from the District of Massachusetts. The opinion vacates and remands based on the finding of an incorrect claim construction ruling by the district court. The Federal Circuit also released two nonprecedential orders. The first order deconsolidates cases appealed from the Patent Trial and Appeal Board, dismisses some of the cases, and informs the parties how they are to proceed on the remainder of the cases. The second order summarily affirms a dismissal by the Court of Federal Claims of a case for failure to pay the docketing fee. Here are the introductions to the opinion and orders.

Littlefuse, Inc. v. Mersen USA EP Corp. (Precedential)

Appellant Littelfuse, Inc., brought a patent infringement action against appellee Mersen USA EP Corp. After the district court construed the patent claims, the parties stipulated to a judgment of non-infringement. Littelfuse now appeals the district court’s claim constructions. We vacate and remand.

VirnetX Inc. v. Hirshfeld (Nonprecedential Order)

In response to this court’s September 16, 2021 and February 15, 2022 orders, the parties inform the court how they believe these appeals should proceed.

In Appeal No. 2017-2594, VirnetX Inc. challenges the Patent Trial and Appeal Board’s June 12, 2017 final written decision concerning claims of U.S. Patent No. 7,921,211. On August 1, 2019, this court issued its decision in VirnetX Inc. v. Apple Inc., 931 F.3d 1363, 1380 (Fed. Cir. 2019), affirming separate Board decisions finding the same claims of the patent unpatentable. In light of that decision, the parties agree that Appeal No. 2017-2594 is moot and the underlying Board decision should be vacated.

In Appeal No. 2017-2593, VirnetX informs the court that its request for Director review was denied and it has filed an amended notice of appeal. VirnetX further proposes a briefing schedule to which the intervenor does not object.

Upon consideration thereof,


(1) The above-captioned appeals are deconsolidated. The revised official captions are reflected above.

(2) The June 12, 2017 final written decision of the Patent Trial and Appeal Board in IPR2016-00957 is vacated, and Appeal No. 2017-2594 is remanded with instructions to dismiss.

(3) Each side to bear its own costs as to Appeal No. 2017-2594.

(4) No additional docketing fee is required for the amended notice of appeal in Appeal No. 2017-2593.

(5) The revised certified list in Appeal No. 2017-2593 is due no later than April 19, 2022. VirnetX’s opening brief is due within 60 days of the date of filing of the certified list.

Cameron v. United States (Nonprecedential Order)

Alexander Cameron, who is incarcerated in Virginia state prison, appeals from the judgment of the United States Court of Federal Claims dismissing his complaint for failure to pay the docketing fee. He also moves for leave to proceed in forma pauperis (IFP) and asks the court to appoint him counsel. We summarily affirm.