Opinions

This morning, the Federal Circuit released a nonprecedential opinion addressing an appeal from a judgment of the Patent Trial and Appeal Board holding claims unpatentable as obvious. Late yesterday, the Federal Circuit also released an order granting an unopposed motion to remand a case to the Court of Appeals for Veterans Claims. Here are the introductions to the opinion and order.

Masimo Corp. v. Sotera Wireless, Inc. (Nonprecedential Opinion)

Masimo Corporation (“Masimo”) appeals from a final written decision of the United States Patent and Trademark Office (“USPTO”) Patent Trial and Appeal Board (the “Board”) holding claims 1–10 and 12–18 of U.S. Patent No. RE47,218 (the “’218 patent”) unpatentable as obvious.  Sotera Wireless, Inc. v. Masimo Corp., IPR2020-01078, 2021 WL 6338303 (P.T.A.B. Nov. 29, 2021) (the “Decision”).  For the reasons articulated below, we affirm.

Raybine v. McDonough (Nonprecedential Order)

Upon consideration of the Secretary’s unopposed motion to remand the case to the United States Court of Appeals for Veterans Claims,  

IT IS ORDERED THAT: 

The motion is granted.

The case is remanded to the United States Court of Appeals for Veterans Claims to reconsider its decision in light of Taylor v. McDonough, 71 F.4th 909 (Fed. Cir. 2023) (en banc) . . . .