Opinions

This morning, the Federal Circuit released one nonprecedential opinion and six nonprecedential orders. The opinion affirms judgments of the Patent Trial and Appeal Board in two inter partes review proceedings. The orders dismiss appeals. Here are the introduction to the opinion and text from the orders.

Intel Corporation v. Koninklijke Phillips N.V. (Nonprecedential Opinion)

Intel Corporation (Intel) filed two petitions for inter partes review of several claims of U.S. Patent No. 9,436,809 (’809 patent). These petitions challenged the claims for being unpatentable as obvious over two distinct combinations of references: (1) Menezes in view of Brands-Chaum, and (2) OCPS in view of Brands-Chaum. The Board’s final written decisions found that Intel had failed to show by a
preponderance of the evidence that the challenged claims were unpatentable. Intel appeals these decisions, and we have jurisdiction under 28 U.S.C. § 1295(a)(4)(A). We affirm.

Lopez v. United States (Nonprecedential Order)

Arthur Lopez appeals from the United States Court of Federal Claims’s order denying his motion to reassign this case to another judge. Having considered Mr. Lopez’s response to this court’s show cause order, we dismiss.

United Communities, LLC v. United States (Nonprecedential Order)

Upon consideration of the United States’s motion to dismiss this appeal as untimely and United Communities, LLC’s response at ECF No. 22 “conced[ing] that this Court can dismiss the instant appeal as untimely filed,”

IT IS ORDERED THAT:

(1) The stay is lifted, and the motion to dismiss is granted.

(2) Each party shall bear its own costs.

Rhodes v. Wilcox (Nonprecedential Order)

The court has received no response to its December 28, 2023 order regarding whether these appeals should be dismissed or transferred. We now dismiss.

Malone v. United States (Nonprecedential Order)

The appellant having failed to file an appendix required by Federal Circuit Rule 30(a) within the time permitted by the rules, it is ORDERED that the notice of appeal be, and the same hereby is, DISMISSED, for failure to prosecute in accordance with the rules.

CloudOfChange, LLC v. NCR Corp. (Nonprecedential Order)

Upon consideration of CloudofChange, LLC’s unopposed motion to voluntarily dismiss its cross-appeal, Appeal No. 2023-1170*, pursuant to Federal Rule of Appellate Procedure 42(b), and the parties’ agreement as to the allocation of costs,

IT IS ORDERED THAT:

(1) The motion is granted to the extent that Appeal No. 2023-1170 is dismissed.

(2) Each side shall bear its own costs regarding Appeal No. 2023-1170.

(3) The revised official caption for Appeal No. 2023-1111 is reflected in this order.

Pioneer Pet Products, LLC v. Oil-Dri Corp. (Nonprecedential Order)

Upon consideration of the parties’ joint “stipulated motion to dismiss” “with each party to bear its own costs,” ECF No. 13 at 1–2, which the court construes to be a stipulated dismissal under Federal Rule of Appellate Procedure 42(b)(1),

IT IS ORDERED THAT:

(1) The motion to dismiss is granted. The appeal is dismissed.

(2) Each side shall bear its own costs.