This morning the Federal Circuit released seven nonprecedential orders. One grants a motion to remand to the Western District of Texas; one grants a motion to transfer venue; one grants a motion to remand to the Patent Trial and Appeal Board; one transfers an appeal to the Court of Appeals for the Ninth Circuit; one summarily affirms; and two grant motions to dismiss. Here is text from the orders and links to the dismissals.
Health Discovery Corp. v. Intel Corp. (Nonprecedential Order)
Health Discovery Corporation (HDC) moves pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure to dismiss this appeal and “requests an accompanying remand order.” Mot. at 2. HDC states that Intel Corporation consents to dismissal but does not consent to remand.
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Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion is granted to the extent that the appeal is remanded for the limited purpose of allowing the district court to consider any request by HDC to allow its new action to proceed under the originating case number and to move forward based on the ruling on any such request.
(2) Each side shall bear its own costs.
In re Apple Inc. (Nonprecedential Order)
Apple Inc. petitions for a writ of mandamus to direct the United States District Court for the Western District of Texas to transfer this patent infringement suit to the United States District Court for the Northern District of California. BillJCo, LLC opposes the petition. For the reasons that follow, we grant Apple’s petition.
In re NCH Corp. (Nonprecedential Order)
IT IS ORDERED THAT:
(1) The motion is granted. The appeal is remanded to the Board to address NCH’s arguments and supporting evidence and to issue a revised decision. On remand, NCH should be given an opportunity to raise arguments and evidence it believes the Board failed to consider properly.
(2) Each side shall bear its own costs.
In re Briggs (Nonprecedential Order)
IT IS ORDERED THAT:
The appeal and all transmittals are transferred pursuant to 28 U.S.C. § 1631 to the United States Court of Appeals for the Ninth Circuit.
Alejandro v. United States (Nonprecedential Order)
The United States moves to summarily affirm the judgment of the United States Court of Federal Claims dismissing Omar Medina Alejandro’s complaint. The court construes Mr. Alejandro’s submission received May 2, 2022, as his opposition to that motion. Mr. Alejandro also files his opening brief.
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Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted. The Court of Federal Claims’ judgment is summarily affirmed.
(2) Any other pending motions are denied as moot.
(3) Each side shall bear its own costs.