Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released one precedential opinion and two nonprecedential opinions. The precedential opinion comes in appeals of final written decisions in three inter partes review proceedings initiated by the Patent Trial and Appeal Board. One of the nonprecedential opinions also comes in an appeal of a decision by the Patent Trial and Appeal Board. The other comes in an appeal of a decision by the Court of Federal Claims. Here are the introductions to the opinions and a link to yesterday’s dismissal.
Ethanol Boosting Systems, LLC v. Ford Motor Co. (Precedential)
Massachusetts Institute of Technology and Ethanol Boosting Systems, LLC (collectively, EBS) appeal from final written decisions in three inter partes reviews by the Patent Trial and Appeal Board (Board), the first holding claims 1, 2, 5–15, 18, 20–21, 23, 25, 27–29, and 31 of U.S. Patent No. 10,619,580 unpatentable as obvious under 35 U.S.C. § 103, the second holding claims 1, 4, 6–15, 18, 20–29, 31, and 33 of U.S. Patent No. 10,791,760 unpatentable as obvious, and the third holding claims 1, 3–5, 11–17, 19, and 21 of U.S. Patent No. 9,708,965 unpatentable as obvious. See Ford Motor Co. v. Ethanol Boosting Sys., No. IPR2021-00339, 2023 WL 8039802 (P.T.A.B. Nov. 20, 2023) (’580 Decision); Ford Motor Co. v. Ethanol Boosting Sys., No. IPR2021-00340, 2023 WL 8040878 (P.T.A.B. Nov. 20, 2023) (’760 Decision); Ford Motor Co. v. Ethanol Boosting Sys., No. IPR2021-00341, 2023 WL 8041916 (P.T.A.B. Nov. 20, 2023) (’965 Decision). We affirm all three Board decisions.
In re Estech Systems IP, LLC (Nonprecedential)
Estech Systems IP, LLC (“Estech”) appeals a decision of the Patent Trial and Appeal Board (“Board”) in an ex parte reexamination affirming an examiner’s rejection of claims 29–41 of U.S. Patent No. 7,068,684 (“’684 patent”) as unpatentable as obvious. We affirm.
Osburn v. United States (Nonprecedential)
Wesley Osburn was separated from the United States Coast Guard on August 15, 2018, and subsequently brought an action in the United States Court of Federal Claims (“Claims Court”) challenging his separation and seeking backpay and reinstatement. The Claims Court granted judgment for the government on the administrative record. We affirm.