This morning, the Federal Circuit released two non precedential opinions and one Rule 36 judgment. One of the opinions comes in an appeal of a decision of the Patent Trial and Appeal Board and includes a dissenting opinion by Judge Wallach. The other comes in a pro se appeal of a decision of the Merit Systems Protection Board. Here are the introductions to the opinions and a link to the Rule 36 judgment.
CPC Patent Technologies Pty Ltd. v. ASSA ABLOY AB (Nonprecedential)
CPC Patent Technologies Pty Ltd. (CPC) appeals from two final written decisions by the Patent Trial and Appeal Board (Board), both of which held the challenged claims in U.S. Patent No. 8,620,039 (’039 patent) unpatentable under 35 U.S.C. § 103. ASSA ABLOY AB v. CPC Pat. Techs. PTY, Ltd., No. IPR2022-01093, 2024 WL 378066, at *1 (P.T.A.B. Jan. 31, 2024) (Final Decision I); ASSA ABLOY AB v. CPC Pat. Techs. PTY, Ltd., No. IPR2022-01094, 2024 WL 378074, at *1 (P.T.A.B. Jan. 31, 2024) (Final Decision II). For the following reasons, we reverse and remand both decisions.
Wallach, Circuit Judge, dissenting.
I would affirm the Board. The Board’s conclusion that Hsu discloses the Defining Limitation is supported by substantial evidence. The majority’s holding to the contrary substitutes its own analysis of the facts for that of the Board. Accordingly, I respectfully dissent.
Warne v. Merit Systems Protection Board (Nonprecedential)
Joel J. Warne seeks review of a decision of the Merit Systems Protection Board (“Board”) dismissing his individual right of action (“IRA”) appeal as untimely filed. We have jurisdiction pursuant to 5 U.S.C. § 7703(b)(1)(B) and 28 U.S.C. § 1295(a)(9). We affirm.