This morning, the Federal Circuit released two nonprecedential opinions and seven Rule 36 summary affirmances. One of the opinions addresses an appeal from a judgment of the Patent Trial and Appeal Board. The other opinion addresses an appeal from a judgment of the Court of Federal Claims. Here are the introductions to the opinions and links to the summary affirmances.

Sumitomo Pharma Co. v. Vidal (Nonprecedential Opinion)

Sumitomo Pharma Co., Ltd. (formerly Sumitomo Dainippon Pharma Co., Ltd.), owns U.S. Patent No. 9,815,827, titled “Agent for Treatment of Schizophrenia.”  The patent claims detail dosing regimens for treating certain psychotic disorders with lurasidone (or a salt thereof), further specifying an absence-of-weight-gain result of following the regimens—weight gain being a recognized adverse side-effect of many antipsychotic drugs, J.A. 3216. 

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For the foregoing reasons, the decision of the Board is vacated, and the case is remanded for the Board to dismiss the IPR.

Gray v. United States (Nonprecedential Opinion)

Michele R. Gray has appealed from the United States Court of Federal Claims’ dismissal of her complaint for lack of subject-matter jurisdiction.  For the following reasons, we affirm.

Rule 36 Judgments