This morning the Federal Circuit released three nonprecedential opinions. One comes in a patent case appealed from the Patent Trial and Appeal Board, one in a patent case appealed from the International Trade Commission, and one in an employment case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.

Netflix v. DivX, LLC (Nonprecedential)

Netflix, Inc. appeals a final written decision of the United States Patent and Trademark Office Patent Trial and Appeal Board (the “Board”) holding that it had failed to demonstrate that claims 1–3, 5, 6, 10–12, 14, and 15 (the “Challenged Claims”) of U.S. Patent No. 9,184,920 (the “ʼ920 patent”) are unpatentable. See Netflix, Inc. v. DivX, LLC, No. IPR2020-00511, 2021 WL 3599429 (P.T.A.B. Aug. 13, 2021) (“Board Decision”). For the reasons discussed below, we affirm in part, vacate in part, and remand.

Chamberlain Group, Inc. v. International Trade Commission (Nonprecedential)

The Chamberlain Group, Inc. (“Chamberlain”) filed a complaint with the International Trade Commission (“Commission”) against Nortek, Inc., Nortek Security & Control LLC, and GTO Access Systems LLC (collectively, “Nortek”), alleging that Nortek’s importation, sale for importation, or sale after importation of movable barrier operator systems and components thereof violated section 337 of the Tariff Act of 1920, 19 U.S.C. § 1337. Specifically, Chamberlain alleged that certain of Nortek’s garage door openers infringed U.S. Patent Nos. 6,741,052 (“’052 patent”), 8,587,404 (“’404 patent”), and 7,755,223 (“’223 patent”). The Commission issued Final Determinations on April 22, 2020 and December 3, 2020, finding no infringement of the ’052 and ’404 patents and infringement of the ’223 patent. See In the Matter of Certain Movable Barrier Operator Systems and Components Thereof, Inv. No. 337- TA-1118, 2020 WL 7223401 (Dec. 3, 2020) (Final); In the Matter of Certain Movable Barrier Operator Systems and Components Thereof, Inv. No. 337-TA-1118, 2020 WL 1987053 (Apr. 22, 2020) (Final).

Chamberlain appeals the Commission’s Final Determination of April 22, 2020 regarding the ’052 patent and the ’404 patent. Nortek appeals the Commission’s Final Determination of December 3, 2020 regarding the ’223 patent.

With respect to the ’052 patent, which has expired, we vacate and remand for the Commission to dismiss the infringement claim as moot. We also vacate and remand the Commission’s determination concerning the ’404 patent because it is based on the application of an incorrect construction of “movable barrier operator.” We affirm the Commission’s determination that Nortek infringed the ’223 patent.

Toby v. Department of Veterans Affairs (Nonprecedential)

Alphonso R. Toby petitions for review of a decision of the Merit Systems Protection Board (“Board”) that reversed his removal for misconduct from his position with the Department of Veterans Affairs (“VA”). The VA opposes the petition. Mr. Toby replies. For the reasons stated below, we dismiss Mr. Toby’s petition as moot.