Opinions

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion comes in an appeal of a decision affirming the unpatentability of patent claims as either anticipated or obvious issued by the Patent Trial and Appeal Board. The nonprecedential opinion comes in a pro se appeal of a decision issued by the Merit Systems Protection Board. The nonprecedential order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.

In re Gesture Technology Partners, LLC (Precedential)

Gesture Technology Partners, LLC (“Gesture”) appeals from an ex parte reexamination decision of the United States Patent and Trademark Office (“the Patent Office”) Patent Trial and Appeal Board (“the Board”) affirming the unpatentability of claims 1–30 of its U.S. Patent 7,933,431 (“the ’431 patent”) as either anticipated or obvious. Ex parte Gesture Tech. Partners LLC, No. 2024-002449, Reexamination 90/014,901 (P.T.A.B. Sep. 13, 2024) (“Decision”), J.A. 1–50. Only claims 11 and 13 are at issue in this appeal. For the following reasons, we affirm in part and dismiss in part.

Ferrell v. Department of the Interior (Nonprecedential)

William H. Ferrell petitions for review of a Merit Systems Protection Board (“Board”) final order adopting the administrative judge’s initial decision, which denied Mr. Ferrell’s request for corrective action pursuant to the Whistleblower Protection Act (“WPA”) and the Whistleblower Protection Enhancement Act (“WPEA”). Ferrell v. Dep’t of the Interior, No. AT-1221-22-0459-W-1, 2025 MSPB LEXIS 1055 (M.S.P.B. Feb. 28, 2025) (S. App’x 5–10) (“Final Order”); Ferrell v. Dep’t of the Interior, No. AT-1221-22-0459-W-1, 2024 WL 2160642 (M.S.P.B. Feb. 28, 2024) (S. App’x 12–42) (“Initial Decision”). For the reasons discussed below, we affirm.

Dismissal