Opinions

This morning, the Federal Circuit released two nonprecedential opinions. The first comes in response to a petition to review a final decision of the Merit Systems Protection Board, and the second comes in a patent case appealed from the Patent Trial and Appeal Board. Here are the introductions to the opinions.

Guttenberg v. Department of Homeland Security (Nonprecedential)

Mark W. Guttenberg petitions for review of a Merit Systems Protection Board (“Board”) decision upholding his removal from service for conduct unbecoming a deportation officer and lack of candor. We affirm.

Nike, Inc. v. Lululemon Athletica Canada Inc. (Nonprecedential)

Patent owner Nike, Inc. (Nike) appeals the final written decision of the Patent Trial and Appeal Board (Board) regarding the inter partes review of U.S. Patent No. 8,620,413 (’413 patent). The Board determined that the petitioner, lululemon athletica canada inc. and lululemon usa inc. (Lululemon), had shown by a preponderance of the evidence that all of the challenged claims (1–5, 7, 9, 12–14, and 17–19) were unpatentable. We will affirm.