This morning, the Federal Circuit released two nonprecedential opinions. One affirms a judgment of the Court of Veterans Claims that it lacked jurisdiction and dismisses a petition for lack of jurisdiction. The other affirms a judgment in an appeal in an inter partes review in which the Patent Trial and Appeal Board determined that all claims were unpatentable. Here are the introductions to the opinions.
Fermin v. McDonough (Nonprecedential)
Frederick C. Fermin appeals from an order of the United States Court of Appeals for Veterans Claims (“Veterans Court”) denying his petition for extraordinary relief. Fermin v. McDonough, No. 22-7258, 2023 WL 234755 (Vet. App. Jan. 18, 2023) (“Petition Order”). For the reasons discussed below, we affirm the Veterans Court’s decision regarding jurisdiction and dismiss for lack of jurisdiction Mr. Fermin’s appeal as it relates to his challenges to factual determinations or the law as applied to the facts.
Masimo Corp. v. Sotera Wireless, Inc. (Nonprecedential)
Masimo Corporation (“Masimo”) appeals from an inter partes review final written decision determining all claims of U.S. Patent No. RE47,244 (“the ’244 patent”) are unpatentable. Sotera Wireless, Inc. v. Masimo Corp., No. IPR2020-00967, 2021 WL 6338280 (P.T.A.B. Nov. 19, 2021) (“Board Decision”). For the following reasons, we affirm.