This morning, the Federal Circuit released two nonprecedential opinions, one in a patent case addressing obviousness and one addressing jurisdiction in a case involving an appeal from the Court of Federal Claims. The Federal Circuit also released two nonprecedential orders, one transferring a case to a district court and another dismissing an appeal. Here are the introductions to the opinions, text from the order transferring a case, and a link to the dismissal.

In re Theripion, Inc. (Nonprecedential)

Theripion, Inc. (“Theripion”) appeals the results of the Patent Trial and Appeal Board’s (“Board”) ex parte examination of U.S. Patent Application No. 15/909,314 (the “’314 application”). The Board affirmed a patent examiner’s final rejection of claims 1-13, 16, 22-24, and 27 of the ’314 application as obvious over numerous prior-art references. For the following reasons, we vacate and remand. On remand, the Board must reassess its affirmance of the examiner’s rejection of the claims and must provide further explanation of its reasoning for whatever conclusions it reaches.

Sheakley v. United States (Nonprecedential)

Sergius Sheakley (“Mr. Sheakley,” “Plaintiff,” or “Appellant”) appeals the decision of the United States Court of Federal Claims (“Court of Federal Claims” or “CFC”), which sua sponte ordered dismissal of his case against the United States (“Defendant” or “Appellee”) for lack of subject matter jurisdiction. See Sheakley v. United States, No. 1:22-cv-01405-EGB (Fed. Cl. Oct. 5, 2022) (“Order”), ECF No. 6, at 1–2 (Appx. 4–5). We affirm.

Jones v. Merit Systems Protection Board (Nonprecedential Order)

Upon consideration of ECF No. 27, requesting transfer of the case in light of this court’s June 14, 2023, order,


This case and all transmittals are transferred pursuant to 28 U.S.C. § 1631 to the United States District Court for the Eastern District of Virginia.