In his first appellate opinion, Judge Alan D. Albright of the Western District of Texas (sitting by designation at the Federal Circuit) authored the appellate court’s recent unanimous decision in Apple v. Omni MedSci, No. 23-1034 (Fed. Cir. June 21, 2024).  The decision sides with petitioner Apple who had challenged Omni MedSci’s US10517484 via inter partes review.  The Board invalidated some claims of the ‘484 patent, but concluded some claims were “not proven unpatentable.” On appeal, Judge Albright reversed-in-part, finding that the Board abused its discretion by refusing to consider Apple’s claim construction arguments even though made for the first time in its reply brief at the merits stage.