Opinions

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal from the Patent Trial and Appeal Board. This morning, the court released three nonprecedential opinions in three other patent cases appealed from the PTAB. The Federal Circuit also released a Rule 36 summary affirmance in another patent case and two additional nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the Rule 36 judgment and dismissals.

American Science and Engineering, Inc. v. Stewart (Nonprecedential)

American Science and Engineering, Inc. (AS&E) appeals a final written decision (FWD) of the Patent Trial and Appeal Board (Board) determining claims 1–13 of U.S. Patent No. 7,400,701 are unpatentable. For the following reasons, we vacate and remand.

In re Healy (Nonprecedential)

Noah P. Healy appeals a decision of the Patent Trial and Appeal Board sustaining the examiner’s rejection of all pending claims of U.S. Patent Application No. 15/171,621 as patent ineligible under 35 U.S.C. § 101. Ex parte Noah P. Healy, No. 2023-002702, 2024 WL 3440209 (P.T.A.B. July 16, 2024) (“Decision”). We affirm.

Stryker European Operations Holdings LLC v. Osteomed LLC (Nonprecedential)

Patent owner Stryker European Operations Holdings LLC (“Stryker”) appeals from two final written decisions (“FWD”) of the Patent Trial and Appeal Board (“Board”). The Board held that several claims of two of Stryker’s patents, which are directed to surgical devices used to fix bone fractures and fuse joints, are unpatentable as obvious. We affirm.

Rule 36 Judgment

Dismissals