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Federal Circuit Finds Article III Standing

Reported by John Isacson on jdsupra.com

In Grit Energy Solutions, LLC v. Oren Technologies, LLC, the Federal Circuit was asked to determine whether Grit Energy lacked Article III standing to appeal a PTAB decision. Grit Energy argued that the PTAB’s decision was not supported by substantial evidence. John Isaacson reports that

[t]he Federal Circuit was persuaded by Grit Energy’s argument that Oren could file suit again since the statute of limitations had not expired, and therefore Grit Energy possessed Article III standing.

For more on this case, see our coverage.

Interpreting the Veterans Affairs Accountability and Whistleblower Protection Act

Reported by James Eisenmann on federalnewsnetwork.com

In late March, the Federal Circuit issued an opinion in Sayers, v. DVA. In his post, James Eisenmann analyzes the court’s decision and the implications. For example, Eisenmann states that even though the Federal Circuit held that the VAAA was not retroactive,

[t]he VA may still discipline employees who are poor performers or who engage in misconduct prior to the VAAA taking effect. However, if the VA wants to discipline an employee for pre-VAAA conduct or performance, it must rely on the already existing laws permitting it to do just that – 5 U.S.C. Chapters 43 (poor performance) and 75 (misconduct).

For more on this case, see our coverage.

Uber Gets Win Over Location-Sharing Patent

Reported by Blake Brittain on bloomberglaw.com

In Uber Techs. Inc. v. X One Inc., the Federal Circuit recently sided with Uber concerning a suit over a location-sharing patent. Uber argued that the patent in question was invalid as being obvious in view of two Japanese patents. The Federal Circuit agreed. The court found that it would have been obvious to combine the Japanese prior art.

For more on this case, see our coverage.