This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. In this opinion, the Federal Circuit affirms the Board’s decision that specific claims are unpatentable, reversed the Board’s construction of the phrase “used for electrical interconnection,” and remanded the case. The Federal Circuit also released three nonprecedential opinions. The first comes in a case appealed from the Merit Systems Protection Board; the second comes in a patent case appealed from the District of Delaware; and the third comes in a government contract case appealed from the Court of Federal Claims. Finally, the Federal Circuit released two nonprecedential orders. One transfers an appeal to the Court of Appeals for the Second Circuit, and one transfers an appeal to the District of Maryland.
VLSI Technology LLC v. Intel Corp. (Precedential)
Appellee Intel Corporation filed three petitions for inter partes review (“IPR”) of U.S. Patent No. 7,247,552 (“the ’552 patent”), which is owned by appellant VLSI Technology LLC. The Patent Trial and Appeal Board instituted the IPR proceedings, and in a combined Final Written Decision, the Board found all of the challenged claims of the ’552 patent to be unpatentable. For the reasons set forth below, we affirm in part, reverse in part, and remand.
Durr v. Merit Systems Protection Board (Nonprecedential)
Mr. Stephen Durr appeals a final decision of the Merit Systems Protection Board (Board or MSPB) dismissing his appeal alleging violations of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by his former employer, the United States Postal Service (USPS). See Durr v. U.S. Postal Serv., No. CH-4324-17-0324-M-1, 2021 WL 3287973 (M.S.P.B. July 30, 2021) (Board Decision) (SAppx. 1–19). Because the Board did not abuse its discretion in finding the doctrine of laches applies, we affirm.
Pharmacyclics LLC v. Alvogen, Inc. (Nonprecedential)
Appellees Pharmacyclics LLC and Janssen Biotech, Inc., (collectively, “Pharmacyclics”) own several patents related to the compound ibrutinib, which is the active ingredient in Pharmacyclics’ branded drug Imbruvica. Ibrutinib is one of a genus of compounds, known as “BTK inhibitors,” that block the protein Bruton’s tyrosine kinase (“BTK”). Imbruvica is used to treat a cancer of the immune system known as mantle cell lymphoma (“MCL”), including the “relapsed” or “refractory” type of MCL (“R/R MCL”).
In November 2018, appellants Alvogen, Inc., and Natco Pharma Limited (collectively, “Alvogen”) filed an abbreviated new drug application (“ANDA”) to market a generic version of Imbruvica. Pursuant to procedures set forth in the Hatch-Waxman Act, Pharmacyclics then brought this lawsuit charging Alvogen with infringement of a number of Pharmacyclics’ patents relating to ibrutinib. The district court held a bench trial and determined that all of the asserted claims were infringed and not invalid. We affirm.
Goodnow v. United States (Nonprecedential)
Lloyd Goodnow appeals a decision of the Court of Federal Claims dismissing his complaint for failure to state a claim upon which relief can be granted. Because the Court of Federal Claims properly dismissed Mr. Goodnow’s complaint, we affirm.
Jones-Bey v. Chen (Nonprecedential)
In response to this court’s August 29, 2022, show cause order, the United States urges dismissal of this appeal rather than transfer. Sister E. Jones-Bey moves for leave to proceed in forma pauperis and responds in favor of this court’s jurisdiction and consolidation with Appeal No. 2022-1965*, or, failing that, requests transfer to the Supreme Court of the United States.
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Although the government urges dismissal, we deem it the better course to transfer for the appropriate court to consider the issues raised in this appeal. That court would be the Second Circuit, not the Supreme Court. See 28 U.S.C. § 1251 et seq.
Accordingly,
IT IS ORDERED THAT:
The appeal and all its filings are transferred to the United States Court of Appeals for the Second Circuit pursuant to 28 U.S.C. § 1631.
Bennett v. Department of Commerce (Nonprecedential Order)
In response to this court’s August 29, 2022, show cause order, the Department of Commerce urges transfer of this mixed case to the United States District Court for the District of Maryland, noting Darlene Patrice Bennett “has brought related claims alleging discrimination” in that court. ECF No. 20 at 2. Ms. Bennett does not oppose transfer to a court where this court “believe[s] the case should be placed and has jurisdiction” and requests that if the matter is transferred, it be transferred to the United States District Court for the District of Columbia or the United States District Court for the District of Maryland. ECF No. 19 at 3.
Upon consideration thereof,
IT IS ORDERED THAT:
This petition and all its filings are transferred to the United States District Court for the District of Maryland pursuant to 28 U.S.C. § 1631.