This morning the Federal Circuit issued two nonprecedential opinions. The first opinion comes in a death benefits case appealed from the Bureau of Justice Assistance. The second comes in two consolidated patent cases appealed from the District of Delaware. The court also released four nonprecedential orders. Two of the orders deny petitions for writs of mandamus against, respectively, the Court of Federal Claims and Eastern District of Texas. The third order grants a voluntary dismissal, and the fourth transfers a case to the Second Circuit. Here are the introductions to the opinions and orders.
Afolayan v. Department of Justice (Nonprecedential)
On April 30, 2009, Agent Nathaniel Afolayan collapsed after completing a mandatory training run at the Border Patrol Academy in Artesia, New Mexico. A day later, he died. His widow, Lisa Afolayan, appeals from the Bureau of Justice Assistance’s (“Bureau’s”) denial of death benefits under the Public Safety Officers’ Benefits Act (“PSOBA” or “Benefits Act”). 34 U.S.C. § 10281. We vacate the decision and remand for further proceedings consistent with this opinion.
United Access Technologies, LLC v. AT&T Corp. (Nonprecedential)
In these two related patent cases, appellant United Access Technologies, LLC, (“UAT”) appeals from the district court’s grant of summary judgment of non-infringement. We affirm in one of the two cases and dismiss in the other.
In re Malcolm (Nonprecedential Order)
Richard Ralph Malcolm petitions for a writ of mandamus seeking, inter alia, an order from this court directing the United States Court of Federal Claims to file his motion for summary judgment. Mr. Malcolm also moves for leave to proceed in forma pauperis.
Mr. Malcolm filed this suit with the Court of Federal Claims seeking retroactive medical disability retirement. In August 2021, the Court of Federal Claims remanded to the Board for Correction of Naval Records to consider Mr. Malcolm’s evidence. Following the Board’s decision on remand, the Court of Federal Claims issued a scheduling order on March 7, 2022, that, inter alia, directed the government to supplement the administrative record with the record from the remand proceedings by March 14, 2022, and directed Mr. Malcolm to file any motion for judgment on the administrative record by April 13, 2022.
On March 8, 2022, Mr. Malcolm filed a motion for summary judgment.
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Accordingly,
IT IS ORDERED THAT:
(1) The petition is denied.
(2) The motion for leave to proceed in forma pauperis is denied as moot.
In re Google LLC (Nonprecedential Order)
Google LLC, Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Waze Mobile Limited (collectively, “petitioners”) seek a writ of mandamus directing the United States District Court for the Eastern District of Texas to stay the underlying cases until the district court rules on petitioners’ venue-related motions. AGIS Software Development, LLC (“AGIS”) opposes the petition. Petitioners reply.
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Accordingly,
IT IS ORDERED THAT:
The petition is denied
STX Financing, LLC v. Vidal (Nonprecedential Order)
The parties having so agreed, it is ordered that:
(1) The proceeding is DISMISSED under Fed. R. App. P. 42 (b).
(2) Each side shall bear their own costs.
Gurvey v. Cowan, Liebowitz & Latman, P.C. (Nonprecedential Order)
Amy R. Gurvey moves for an extension of time to file her opening brief. The appellees oppose the motion and request that the court dismiss the appeal. Ms. Gurvey files a reply in support of the extension of time in which she also opposes dismissal and moves for sanctions.
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While appellees urge dismissal of the case as frivolous, we deem it the better course to transfer to the Second Circuit pursuant to 28 U.S.C. § 1631 for that court to address how best to proceed with the appeal.
Accordingly,
IT IS ORDERED THAT:
The appeal and all filings are transferred to the United States Court of Appeals for the Second Circuit pursuant to 28 U.S.C. § 1631.