Late yesterday, the Federal Circuit released four nonprecedential orders dismissing appeals. This morning, the court released three nonprecedential opinions and four nonprecedential orders. Two of the opinions come in related patent cases appealed from the Patent Trial and Appeal Board involving the same parties, Apple Inc. and Smart Mobile Technologies LLC. The other opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims. As for today’s orders, one dismisses an appeal from the Court of Federal Claims for lack of jurisdiction, one remands a patent case from the District of Delaware following the parties’ settlement, one dismisses appeals from the Patent Trial and Appeal Board by agreement of the parties, and one transfers a Merit Systems Protection Board petition to the Eastern District of Arkansas. Here are the introductions to the opinions as well as links to the orders.
Apple Inc. v. Smart Mobile Technologies LLC (Nonprecedential)
Apple, Inc. (“Apple”) appeals from a final written decision of the Patent Trial and Appeal Board (“Board”), rejecting Apple’s arguments that claims 1-3 and 5 of Smart Mobile Technology LLC’s (“Smart Mobile’s”) U.S. Patent No. 9,319,075 (the“’075 patent”) are unpatentable as obvious. We affirm.
Apple Inc. v. Smart Mobile Technologies LLC (Nonprecedential)
Apple Inc. (“Apple”) appeals from two judgments of the Patent Trial and Appeal Board (“Board”) in related inter partes reviews (“IPRs”) of Smart Mobile Technologies LLC’s (“Smart Mobile’s”) U.S. Patent Nos. 9,019,946 (the “’946 patent”) and 8,842,653 (the “’653 patent”) (together the “challenged patents”). Apple appeals from the portion of the judgments determining that it failed to prove certain claims unpatentable, a conclusion that rested on the Board’s implicit construction of the claim term “multiplexed signals.”
Smart Mobile cross-appeals from the portion of the same judgments holding that other claims are unpatentable. Smart Mobile contends that the Board’s motivation to combine analysis was inadequate under the Administrative Procedure Act (“APA”), 5 U.S.C. § 701, et seq.
In general, we disagree with Apple and agree with Smart Mobile. Thus, with respect to Apple’s appeal we affirm the Board. As to Smart Mobile’s cross-appeal, we vacate the Board’s judgment of unpatentability and remand for further proceedings.
Campbell v. Collins (Nonprecedential)
Tiffany M. Campbell appeals a decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”), affirming a 2023 Board of Veterans’ Appeals (“Board”) decision. Campbell v. McDonough, No. 23-2752, 2024 WL 4552839, at *1 (Vet. App. Oct. 23, 2024) (“Decision”). In its 2023 decision, the Board denied the motion to revise or reverse a May 2009 disability rating decision on the basis of clear and unmistakable error (“CUE”). J.A. 81, 91. Because we lack jurisdiction over Ms. Campbell’s appeal, we dismiss.
Martin v. Department of Veterans Affairs (Nonprecedential Order)
In response to the court’s July 16, 2026 show cause order, the Department of Veterans Affairs (“DVA”) urges transfer to the United States District Court for the Eastern District of Arkansas. Darrell T. Martin agrees that transfer is in the interest of justice.
Mr. Martin appealed to the Merit Systems Protection Board challenging his removal from the DVA in part based on disability discrimination. The Board affirmed the agency’s action and Mr. Martin seeks this court’s review.