Late last Friday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released a precedential opinion in a case appealed from the Patent Trial and Appeal Board, affirming with respect to a patent owner’s appeal and reversing with respect to a cross-appeal. The court also released two nonprecedential opinions in two cases appealed from the Merit System protection Board. Here are the introductions to the opinions and a link to the dismissal.
Shockwave Medical, Inc. v. Cardiovascular Systems, Inc. (Precedential)
In an inter partes review (“IPR”), the Patent Trial and Appeal Board (“Board”) determined that claims 1–4 and 617 of U.S. Patent No. 8,956,371 (the “’371 patent”) were shown to be unpatentable as obvious but that claim 5 was not shown to be unpatentable as obvious. Patent owner Shockwave Medical, Inc. (“Shockwave”) appeals the Board’s determinations as to claims 1–4 and 6–17, and IPR petitioner Cardiovascular Systems, Inc. (“CSI”) cross-appeals the Board’s determination as to claim 5. We affirm the Board’s determination that claims 1–4 and 6–17 were shown to be unpatentable and reverse the Board’s determination that claim 5 was not shown to be unpatentable. We accordingly affirm as to Shockwave’s direct appeal and reverse as to CSI’s cross-appeal.
Agboke v. Department of Justice (Nonprecedential)
Adetayo Agboke (“Agboke”) appeals the final decision of the Merit System Protection Board (“Board”) upholding his removal by the Department of Justice (“agency”). See Agboke v. Dep’t of Just., No. SF-0752-19-0574-I-1, 2024 WL 1674285 (M.S.P.B. April 17, 2025) (“Final Order”). For the following reasons, we affirm the Board’s decision of removal and dismiss Agboke’s due process challenge to the agency’s delayed response to his Freedom of Information Act (“FOIA”) request.
Agboke v. Merit Systems Protection Board (Nonprecedential)
Adetayo Agboke (“Agboke”) appeals the final decision of the Merit System Protection Board (“Board”), dismissing his individual right of action (“IRA”) appeal for a lack of jurisdiction. See Agboke v. Dep’t of Just., No. SF-1221-180106-W-1, 2024 WL 1674424, at *1 (M.S.P.B. April 17, 2024) (“Final Order”). For the following reasons, we affirm.