This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and seven nonprecedential orders. The precedential opinion addresses an appeal from an arbitration regarding removal from a government agency. Both of the nonprecedential opinions come in patent cases. One addresses a rejection of patent claims as ineligible and obvious. The other addresses an appeal from a final written decision of the Patent Trial and Appeal Board in an inter partes review, which found the claims at issue unpatentable. Six of the orders are dismissals and the seventh remands a case to the Court of Federal Claims. Here are the introductions to the opinions, selected text from the remand order, and links to the dismissals.   

Torres v. Department of Homeland Security (Precedential Opinion)

Crispin Torres appeals an arbitration decision sustaining his removal from the Department of Homeland Security. Because the arbitrator did not provide substantial evidence for why Douglas factors 6 and 10 weighed in favor of removing Mr. Torres from the agency, we vacate the decision and remand to the arbitrator for proceedings consistent with this opinion.

In re Elbaum (Nonprecedential Opinion)

Saul Elbaum applied for a patent that would allow retail stores to offer products at lower prices than internet stores. The examiner issued a final rejection finding claims 23–36 of U.S. Patent Application No. 16/987,031 ineligible under 35 U.S.C. § 101 and obvious under 35 U.S.C. § 103. The Patent Trial and Appeal Board affirmed. Because we conclude that the Board correctly found claims 23–36 are ineligible under 35 U.S.C. § 101, we affirm. 

United Therapeutics Corp. v. Liquida Technologies, Inc. (Nonprecedential Opinion)

United Therapeutics Corporation (“UTC”) appeals from the final written decision of the U.S. Patent and Trademark Office Patent Trial and Appeal Board (“the Board”) in an inter partes review (“IPR”) concluding that claims 1–8 of U.S. Patent 10,716,793 (“the ’793 patent”) are unpatentable.  Liquidia Techs., Inc. v. United Therapeutics Corp., No. IPR2021-00406, 2022 WL 2820717 (P.T.A.B. July 19, 2022) (“Decision”).  For the following reasons, we affirm.

Electric Welfare Trust Fund v. United States (Nonprecedential Order)

The parties file a joint status report pursuant to this court’s July 27, 2023, order stating that they have reached a settlement and requesting that this court remand the case to the United States Court of Federal Claims for finalization of their agreement.

Upon consideration thereof, 


(1) The case is remanded to the United States Court of Federal Claims for review of the settlement agreement. 

(2) The parties shall bear their own costs.