This morning, the Federal Circuit released two nonprecedential opinions and one nonprecedential order. Both nonprecedential opinions affirm decisions of the Patent Trial and Appeal Board. The lone nonprecedential order grants an unopposed motion to dismiss cross-appeals and withdraw appeals from decisions of the Patent Trial and Appeal Board. Here are the introductions to the opinions and order.
Quantificare S.A. v. Canfield Scientific, Inc. (Nonprecedential)
QuantifiCare S.A. (“QuantifiCare”) appeals final written decisions of the United States Patent and Trademark Office Patent Trial and Appeal Board (“board”) which concluded that all challenged claims of its stereophotogrammetry patents were unpatentable as obvious. See Canfield Sci., Inc. v. QuantifiCare S.A., No. IPR2021-01519 (P.T.A.B. Mar. 17, 2023), J.A. 167–238; Canfield Sci., Inc. v. QuantifiCare S.A., No. IPR2021-01518 (P.T.A.B. Mar. 9, 2023), J.A. 104–66; Canfield Sci., Inc. v. QuantifiCare S.A., No. IPR2021-01511 (P.T.A.B. Mar. 9, 2023), J.A. 34–103. For the reasons discussed below, we affirm.
Xerox Corp. v. Meta Platforms, Inc. (Nonprecedential)
Xerox Corp. (“Xerox”) appeals the final written decision issued by the Patent Trial and Appeal Board (“Board”) in an inter partes review (“IPR”) of U.S. Patent No. 9,137,190 B2 (“the ’190 patent”), holding that claims 9–16 are unpatentable as obvious. Facebook, Inc. v. Palo Alto Research Center LLC, No. IPR2021-01472, 2023 WL 2600581 (P.T.A.B. Mar. 2, 2023) (“Final Written Decision”). We affirm.
In re Longhorn Vaccines & Diagnostics, LLC (Nonprecedential Order)
Upon consideration of Spectrum Solutions LLC’s unopposed motion to dismiss its cross-appeals, Appeal Nos. 2024-2361, -2362, -2363, -2364, and -2365, and to withdraw from the remaining appeals,
IT IS ORDERED THAT:
(1) The motion is granted. Appeal Nos. 2024-2361, -2362, -2363, -2364, and -2365 are deconsolidated from Appeal Nos. 2023-2111, -2112, -2113, -2114, and -2115. The revised official captions (and short caption as applicable) are reflected in this order, Appeal Nos. 2024-2361 et al. are dismissed, and each party shall bear its own costs as to those appeals.
(2) Within 30 days from the date of entry of this order, the United States Patent and Trademark Office (PTO) is directed to inform this court whether it intends to intervene in Appeal Nos. 2023-2111 et al.
(3) If the PTO elects to participate in Appeal Nos. 2023-2111 et al., its docketing statement is due within 14 days of the date of filing of its notice of intervention and its brief is due within 40 days from the date of filing of its notice.
(4) If the PTO elects not to participate in Appeal Nos. 2023-2111 et al., the appendix will be due no later than 7 days following the filing of the PTO’s election, and the case will be ready to be assigned to a merits panel.
(5) The Clerk of Court shall transmit a copy of this order to the merits panel assigned to Appeal Nos. 2023-2111 et al.