This morning the Federal Circuit issued a precedential opinion in a case appealed from the Court of Federal Claims, a precedential opinion in patent case, and a nonprecedential decision in a government contract case. Judge Newman dissented in the case appealed from the Court of Federal Claims. Here are the introductions to the opinions.
Jones v. United States (Precedential)
Lewis B. Jones appeals the decision of the United States Court of Federal Claims that dismissed his amended complaint for lack of jurisdiction. Jones v. United States, 149 Fed. Cl. 703 (2020) (“Jones”). The Court of Federal Claims dismissed the amended complaint on the grounds that the claims stated therein were barred by the six-year statute of limitations set forth at 28 U.S.C. § 2501. For the reasons stated below, we affirm.
NEWMAN, Circuit Judge, dissenting.
When Lewis B. Jones was honorably discharged from the United States Air Force in 1988 because of an eye injury, he received severance pay and a 10% disability rating. He was not granted disability retirement, which requires a disability rating of at least 30%. Thus, even if the six-year Tucker Act statute of limitations were to apply to review of actions of correction boards, a limitations bar cannot accrue before the action could have been brought. From the court’s dismissal of this appeal on limitations grounds, I respectfully dissent.
Seabed Geosolutions (US) Inc. v. Magseis FF LLC (Precedential)
Seabed Geosolutions (US) Inc. appeals a final written decision of the Patent Trial and Appeal Board concluding that Seabed failed to prove the challenged claims of U.S. Reissue Patent No. RE45,268 were anticipated or would have been obvious. Seabed Geosolutions (US), Inc. v. Magseis FF LLC, No. IPR2018-00960, 2019 WL 6442060 (P.T.A.B. Nov. 26, 2019) (Board Decision). Because the Board erred in construing the claims of the ’268 patent, we vacate and remand.
Kurkjian v. Secretary of the Army (Nonprecedential)
Appellant Catherine Kurkjian appeals a decision of the Armed Services Board of Contract Appeals (Board). Catherine Kurkjian, ASBCA No. 61154, 20-1 BCA ¶ 37,594. We affirm.