Opinions

Today, the Federal Circuit released one nonprecedential opinion and two nonprecedential orders. The opinion dismisses a patent appeal as moot. One order grants a motion to remand, and the other dismisses an appeal. Here is the introduction to the opinion, selected text from one order, and a link to the dismissal.

Ontel Products Corp. v. Guy A. Shaked Investments Ltd. (Nonprecedential Opinion)

Guy A. Shaked Investments Ltd., which the parties refer to as “Dafni,” owns U.S. Patent No. 9,877,562, which describes and claims a hairbrush containing specified heating elements and other features.  Dafni sued Ontel Products Corp., alleging infringement of the ’562 patent (among other patents).  Ontel then petitioned the Patent and Trademark Office for an inter partes review (IPR) of all claims of the ’562 patent.  The PTO’s Patent Trial and Appeal Board, after instituting and then conducting the requested review, issued a final written decision that rejected Ontel’s challenges to the ’562 patent’s claims.  Ontel Products Corp. v. Guy A. Shaked Investments Ltd., No. IPR2021-00052, 2022 WL 1157702 (P.T.A.B. Apr. 18, 2022) (’562 Final Written Decision).  Ontel appeals.  We now dismiss the appeal because the dispute between Ontel and Dafni over this patent is moot.

In re PSIP LLC (Nonprecedential Order)

The United States Patent and Trademark Office (“USPTO”) moves for remand to permit further proceedings before the agency.  PSIP LLC does not oppose remand but asks the court to limit the scope of the remand and to retain jurisdiction while the proceedings are conducted. 

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Accordingly,   

IT IS ORDERED THAT:

The motion is granted, and the appeal is remanded to the USPTO.  The court will retain jurisdiction during the remand proceedings.

Dismissal