This morning, the Federal Circuit released four opinions: a precedential opinion in a patent case addressing obviousness, a nonprecedential opinion in a pro se case addressing an appeal from the Court of Federal Claims related to subject matter jurisdiction, and two nonprecedential opinions in pro se cases appealed from the Merit Systems Protection Board. The Federal Circuit also released a nonprecedential order dismissing an appeal and a summary affirmance. Here are the introductions to the orders and links to the dismissal and the summary affirmance.

Rembrandt Diagnostics, LP v. Alere, Inc. (Precedential)

This case returns to us from the Patent Trial and Appeal Board. Appellant Rembrandt appeals a final written decision in an inter partes review in which the Board found that claims 3–6 and 10 of U.S. Patent No. 6,548,019 would have been unpatentable for obviousness. Rembrandt argues that the Board erred by relying on Appellee Alere’s new theories asserted for the first time in its reply brief. Because Alere did not offer new theories and because substantial evidence supports the Board’s determinations, we affirm.

Greene v. United States (Nonprecedential)

Cedric Greene appeals from a decision of the United States Court of Federal Claims (the “Claims Court”) dismissing his complaint for lack of subject matter jurisdiction. See Greene v. United States, No. 22-1754, 2023 WL 2134358 (Fed. Cl. Feb. 21, 2023) (“Decision”). For the reasons detailed below, we affirm the Claims Court’s decision.

Jolley v. Department of Housing and Urban Development (Nonprecedential)

William B. Jolley appeals a Merit Systems Protection Board (“Board”) decision affirming denial of his claims that he was (1) denied an opportunity to compete under the Veterans Equal Opportunities Act of 1998 (“VEOA”) and (2) discriminated against based on his military service in violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”). We affirm.

Anderson v. Merit Systems Protection Board (Nonprecedential)

Evelyn Anderson appeals a final order of the Merit Systems Protection Board (Board) dismissing her petition as untimely. Anderson v. Dep’t of the Navy, No. DA-0752-13- 0106-I-1, 2022 WL 16640824, at *1 (M.S.P.B. Nov. 2, 2022) (Final Order). Because the Board did not abuse its discretion in considering the petition to be untimely filed, we affirm.


Rule 36 Judgment