This morning the Federal Circuit released one nonprecedential opinion and two nonprecedential orders. The nonprecedential opinion affirms a judgment of the Patent Trial and Appeal Board in an ex parte reexamination. The first order transmits a petition to a district court to be docketed as a notice of appeal, while the second order is a dismissal. Here is the introduction to the opinion and links to the orders.

In re Express Mobile, Inc. (Nonprecedential)

Express Mobile, Inc. (“Express Mobile”), owner of now-expired U.S. Patent No. 6,546,397 (“’397 patent”), appeals an ex parte reexamination decision by the Patent Trial and Appeal Board (“Board”), sustaining an examiner’s rejection of claim 1 for obviousness. Express Mobile concedes the Board’s stated construction of “substantially contemporaneous” is correct but asserts on appeal that the Board erred in its application of this construction. We conclude that Express Mobile’s issue actually constitutes a disagreement with certain factual findings, all of which are supported by substantial evidence. Accordingly, we affirm.

In re Fore (Nonprecedential Order)

On April 18, 2024 and May 10, 2024, Chaplain Harry Fore filed at this court a mandamus petition and opening brief, respectively, in which he challenges an April 12, 2024 decision of the United States District Court for the Eastern District of New York dismissing his complaint. That complaint asserted that the Department of Veterans Affairs wrongly denied benefits for his injuries.

* * *

The petition along with all other filings is transmitted to the district court to be docketed as a notice of appeal.