This morning the Federal Circuit issued a precedential opinion in a government contract case appealed from the Court of Federal Claims. The court also issued two nonprecedential opinions. The first comes in a patent case appealed from the Eastern District of New York. The second comes in a case appealed from the Court of Federal Claims concerning its jurisdiction. Here are the introductions to the opinions.

Mitchco International, Inc. v. United States (Precedential)

Mitchco International, Inc. (“Mitchco”) appeals a Court of Federal Claims decision in a post-award bid protest denying Mitchco’s motion for judgment on the administrative record and granting the government’s and other defendants’ cross-motions for summary judgment. See Mitchco Int’l, Inc. v. United States, 151 Fed. Cl. 537 (2020). We affirm.

AlexSam, Inc. v. MasterCard International Inc. (Nonprecedential)

In this appeal, we consider MasterCard International Inc.’s charge that AlexSam, Inc. took inconsistent positions before the Patent and Trial Appeal Board, on the one hand, and at the U.S. District Court for the Eastern District of New York, on the other, concerning the implications of a covenant not to sue on standing. The district court found that AlexSam had taken inconsistent positions and thus held it estopped and granted summary judgment dismissing AlexSam’s complaint with prejudice. On appeal, AlexSam argues that the district court abused its discretion by crediting AlexSam with a position it never actually took before the Board. We agree. We therefore reverse the district court’s summary judgment and remand for further proceedings.

Manning v. United States (Nonprecedential)

Eileen Manning appeals a decision of the Court of Federal Claims dismissing for lack of jurisdiction her complaint for spousal Social Security benefits or enforcement of an initial Merit Systems Protection Board (“Board” or “MSPB”) decision. We affirm.