May 14, 2026·25-1028·Panel Decision·Moore, Chief Judge·By Maria Santos
The United States Court of Appeals for the Federal Circuit dismissed an appeal regarding the patentability of claims in U.S. Patent No. 11,208,029. The court found the appeal moot because it had already affirmed the Patent Trial and Appeal Board's decision on the same patent in a related case.
Background
Yechezkal Evan Spero appealed a final written decision of the Patent Trial and Appeal Board. The Board had determined that claims 1 through 8, 10 through 19, 21 through 30, and 32 through 33 of U.S. Patent No. 11,208,029 were unpatentable.
The court’s reasoning
The court noted that it had affirmed the Board’s decision determining all claims of the patent were unpatentable in a separate case, Spero v. Mercedes-Benz USA, LLC. Because the legal issue was already resolved in that related appeal, the court dismissed this appeal as moot.
What it means going forward
The patent claims remain unpatentable as determined by the Board, and the appeal process for this specific docket is concluded without further judicial review of the merits.
