This morning, the Federal Circuit released a nonprecedential opinion vacating and remanding a judgment in a patent case appealed from the Patent Trial and Appeal Board. The court also released a nonprecedential order granting an unopposed motion by the Patent and Trademark Office to remand a case back to the agency to reconsider rejections of patent claims. Lastly, the court released two nonprecedential orders transferring cases, one in a civil rights case appealed from the Southern District of Florida and now transferred to the Eleventh Circuit, and one in a disability discrimination case appealed from the Merit Systems Protection Board and now transferred to the District of Columbia. Here are the introductions to the opinion and first order and links to the orders transferring cases.
MSN Laboratories Private Ltd. v. Bausch Health Ireland Ltd. (Nonprecedential)
MSN Laboratories Private Ltd. and MSN Pharmaceuticals, Inc. (“MSN”) appeal from a final written decision of the United States Patent and Trademark Office Patent Trial and Appeal Board (“the Board”) holding that it had not shown claims 1–6 of U.S. Patent 7,041,786 (“the ’786 patent”) to be unpatentable as obvious. Mylan Pharms., Inc., v. Bausch Health Ireland Ltd., No. IPR202200722, 2023 WL 6161595 (P.T.A.B. Sept. 8, 2023) (“Decision”). For the reasons provided below, we vacate and remand.
In re Raggio (Nonprecedential Order)
Upon consideration of the United States Patent and Trademark Office’s unopposed motion to remand this case to the agency, which “acknowledges that the [Patent Trial and Appeal] Board relied on undesignated new grounds of rejection in its analysis of the secondary considerations evidence that are applicable to all of the rejected claims and when taking Official Notice of the wrapping limitation of claim 17” and “asks that this case be remanded to allow the agency to reconsider those rejections,” ECF No. 18 at 3,
IT IS ORDERED THAT:
(1) The motion is granted. The case is remanded to the USPTO for further proceedings.
(2) Each party shall bear its own costs as to this appeal.