This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion addresses an appeal from a judgment of the Patent Trial and Appeal Board finding certain claims unpatentable either for lack of written description or anticipation. Notably, the court affirmed the Board’s judgment despite arguments that the Board issued the final written decision after the statutory deadline and thus lacked jurisdiction. The nonprecedential opinion addresses a pro se appeal from a decision of the Merit Systems Protection Board. Finally, the order grants a motion for voluntary dismissal. Here are the introductions to the opinions and a link to the dismissal.
Purdue Pharma L.P. v. Collegium Pharmaceutical, Inc. (Precedential)
Purdue Pharma L.P. (“Purdue”) appeals from a judgment of the Patent Trial and Appeal Board (“Board”) finding claims 1–17 of U.S. Patent No. 9,693,961 (“’961 patent”) unpatentable for lack of written description and anticipation. The Board issued its Final Written Decision after the statutory deadline, concluding that the passing of the deadline did not deprive it of authority. Purdue contends the Board lost jurisdiction once the deadline passed, and that, if the Board did not lose jurisdiction, the Board’s decision was incorrect. We affirm.
Curtis-Hunter v. Merit Systems Protection Board (Nonprecedential)
Wanda Curtis-Hunter appeals a decision of the Merit Systems Protection Board dismissing her Individual Right of Action (IRA) appeal for lack of jurisdiction. We affirm.