This morning the Federal Circuit issued two nonprecedential opinions in patent cases appealed from the Patent Trial and Appeal Board. Both opinions review findings that claims were obvious. The first opinion affirms the Board, while the second reverses. The court also issued a nonprecedential order dismissing a case. Here are the introductions to the opinions and order.
Intel Corp v XMTT, Inc. (Nonprecedential)
Intel Corporation appeals from an inter partes review final written decision. See Intel Corp. v. XMTT, Inc., No. IPR2020-00145, 2021 WL 1895938 (P.T.A.B. May 11, 2021) (Board Decision). In that decision, the Patent Trial and Appeal Board held that no claim of U.S. Patent No. 7,707,388 would have been obvious over Nakaya in combination with other references. For the following reasons, we affirm.
Rovi Guides, Inc. v. Vidal (Nonprecedential)
Rovi appeals from an inter partes review final written decision. See Comcast Cable Commc’ns, LLC v. Rovi Guides, Inc., No. IPR2019-00231, 2020 WL 2305288, (P.T.A.B. May 8, 2020) (Board Decision). In that decision, the Patent Trial and Appeal Board held that all claims of U.S. Patent No. 9,369,741 would have been obvious over Sie alone or in combination with other references. For the following reasons, we reverse.
M2M Solutions LLC v. Sierra Wireless America, Inc. (Nonprecedential Order)
Appellant Blackbird Tech LLC, d/b/a Blackbird Technologies (“Blackbird”) states that “the filing of this appeal may have been premature” and thus moves unopposed to voluntarily dismiss its appeal under Federal Rule of Appellate Procedure 42(b). Blackbird further requests that if its appeal is premature, no additional filing fees be required for filing a subsequent appeal.
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IT IS ORDERED THAT:
(1) The motion is granted to the extent that the appeal is dismissed for lack of jurisdiction, subject, however, to reinstatement under the same docket number, without payment of any additional filing fee, if, within 60 days of this order, Blackbird appeals from the entry of a final attorney fees award. The mandate shall issue simultaneously with this order.
(2) Each side shall bear its own costs.