Opinions

Late yesterday, the Federal Circuit released three nonprecedential orders. As we separately noted, in one of these orders the en banc Federal Circuit stayed the Court of International Trade’s injunctions of President Trump’s tariffs. In yesterday’s other two nonprecedential orders, the court dismissed appeals. This morning, the Federal Circuit released one precedential opinion and one nonprecedential opinion. The precedential opinion comes in a patent case, in which the court affirmed two final written decisions of the Patent Trial and Appeal Board. In the nonprecedential opinion, the court dismissed a case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions and orders (other than yesterday’s en banc order, which can be found here) and links to the dismissals.

Agilent Technologies, Inc. v. Synthego Corp. (Precedential)

Agilent Technologies, Inc. (“Agilent”) appeals from two final written decisions of the Patent Trial and Appeal Board (“Board”) determining that all claims of U.S. Patent Nos. 10,337,001 (“the ’001 patent”) and 10,900,034 (“the ’034 patent”) are unpatentable. Because the Board did not commit legal error and substantial evidence supports its factual findings, we affirm.

Graham v. Department of Justice (Nonprecedential)

Gery J. Graham petitions for review of the final decision of the United States Merit Systems Protection Board (the “Board”). Graham v. Dep’t of Just., No. SF-0752-200708-I-2, 2024 WL 3825054 (M.S.P.B. Aug. 14, 2024) (“Final Order”); see also Graham v. Dep’t of Just., No. SF-075220-0708-I-2, 2023 WL 3043690 (M.S.P.B. Apr. 18, 2023) (“Initial Decision”), S.A. 8–30. The Board upheld the Department of Justice’s (the “DOJ”) decision to suspend Graham for 30 days as a penalty for misuse of his position and a lack of candor. Final Order, at *1. For the following reasons, we dismiss.

Dismissals