This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, one dismissal, and two Rule 36 summary affirmances. The precedential opinion addresses an appeal from a judgement of the United States Court of International Trade. One of the nonprecedential opinions addresses an appeal from a judgment of the Merit Systems Protection Board, while the other addresses an appeal from a judgment of the Patent Trial and Appeal Board. Here are the introductions to the opinions and links to the dismissal and summary affirmances.
RKW Klerks Inc. v. United States (Precedential Opinion)
RKW Klerks Inc. (RKW) appeals the determination of the United States Court of International Trade (CIT) that the United States Customs and Border Protection (Customs) correctly classified RKW’s net wrap products in the Harmonized Tariff Schedule of the United States (HTSUS). RKW Klerks Inc. v. United States, 592 F. Supp. 3d 1349 (Ct. Int’l Trade 2022) (CIT Decision). Because the CIT did not err in determining that RKW’s net wraps are not a part of harvesting or other agricultural machinery, we affirm.
Martinez v. Office of Personnel Management (Nonprecedential Opinion)
Michael G. Martinez appeals a decision of the Merit Systems Protection Board (“board”) affirming the denial of his application for disability retirement benefits. For the reasons discussed below, we dismiss his appeal for lack of jurisdiction.
CoolIT Systems, Inc. v. Vidal (Nonprecedential Opinion)
CoolIT Systems, Inc. (“CoolIT”) appeals from a final written decision of the United States Patent and Trademark Office (“PTO”) Patent Trial and Appeal Board (“the Board”) holding claims 1–3, 5, 7, and 25 of U.S. Patent 9,057,567 (the “’567 patent”) unpatentable. Asetek Danmark A/S v. CoolIT Sys., Inc., IPR2020-00747, 2021 WL 4861000 (P.T.A.B. Sept. 30, 2021) (“Decision”). For the following reasons we vacate and remand.