This morning the Federal Circuit issued one precedential opinion in a patent case and one nonprecedential erratum. Here is the introduction to the opinion and the text of the erratum.
Odyssey Logistics & Technology Corp. v. Iancu (Precedential)
This case presents three Administrative Procedure Act challenges involving the United States Patent and Trademark Office. Odyssey challenges procedural actions taken by the PTO in two patent applications and makes a third facial challenge to certain PTO procedural rules governing practice before the Patent Trial and Appeal Board in ex parte appeals. The Eastern District of Virginia dismissed the former two challenges for lack of subject matter jurisdiction because the PTO had not taken final agency action. It dismissed the latter challenge as barred by 28 U.S.C. § 2401, the six-year statute of limitations for challenges to agency action. Because we agree with the district court that the first two challenges concern non-final agency action and the latter challenge is barred by § 2401, we affirm.
Huawei Technologies Co., Ltd. v. Iancu (Nonprecedential Erratum)
Please make the following changes:
On page 3, line 8: change “acknowledgement” to “acknowledgment”.
On page 3, line 29: change “wastes” to “waste”.
On page 5, line 6: change “claims,” to “claims”.
On page 8, line 32: change “conveyed” to “conveyed.”.