This morning, the Federal Circuit released two nonprecedential opinions, one in a patent case appealed from the Patent Trial and Appeal Board and one in a federal personnel case appealed from the Merit Systems Protection Board. The Federal Circuit also released two nonprecedential orders. One denies a petition for a writ of mandamus seeking to order the Western District of Texas to transfer a patent case to the Northern District of California, and the other transfers a case to the Court of Appeals for the District of Columbia Circuit. Here are the introductions to the opinions and the first order and a link to the second order.
Divx, LLC v. Unified Patents, LLC (Nonprecedential)
DivX, LLC (DivX) appeals a final written decision of the Patent Trial and Appeal Board (Board), which concluded that the two independent claims in U.S. Patent No. 10,326,987 (’987 patent) were unpatentable under 35 U.S.C. § 103. Unified Pats., LLC v. DivX, LLC, No. IPR2021-01476, 2023 WL 1077109 (P.T.A.B. Jan. 20, 2023) (Decision). We affirm.
Simpkins v. Office of Personnel Management (Nonprecedential)
Edward J. Simpkins seeks review of a final decision of the Merit Systems Protection Board, which affirmed the Office of Personnel Management’s determination that Mr. Simpkins’s refunded retirement contributions are not creditable in his annuity computation under the Federal Employees’ Retirement System and he was not eligible to redeposit the previously refunded retirement contributions. For the following reasons, we affirm.
In re Qualcomm Incorporated (Nonprecedential Order)
Qualcomm Incorporated petitions for a writ of mandamus directing the United States District Court for the Western District of Texas (“WDTX”) to vacate its order denying Qualcomm and Apple Inc.’s motion to transfer pursuant to 28 U.S.C. § 1404(a) and to transfer this action to the United States District Court for the Northern District of California (“NDCA”). Apple moves to join the petition. Red Rock Analytics, LLC opposes the petition but does not oppose Apple’s motion. Qualcomm and Apple jointly reply in support of the petition.