Late yesterday and this morning the Federal Circuit released a precedential opinion dismissing an interlocutory appeal for lack of jurisdiction. Notably, Judge Newman dissented. The court also released two nonprecedential orders dismissing a petition for lack of jurisdiction and an appeal for lack of jurisdiction. The court also released another nonprecedential order granting a motion to dismiss.

Modern Font Applications LLC v. Alaska Airlines, Inc. (Precedential)

Modern Font Applications LLC seeks an interlocutory appeal to challenge an order of the United States District Court for the District of Utah, which affirmed a magistrate judge’s decision deeming MFA’s in-house counsel a “competitive decisionmaker” and maintaining Alaska Airlines, Inc.’s Attorneys’ Eyes Only designations as to its source code. Mod. Font Applications v. Alaska Airlines, No. 19-cv00561, 2021 WL 364189, at *1 (D. Utah Feb. 3, 2021) (“Magistrate Decision”), aff’d sub nom. Mod. Font Applications LLC v. Alaska Airlines Inc., 2021 WL 3729382 (D. Utah Mar. 2, 2021) (“District Court Order”). Because we lack jurisdiction over MFA’s interlocutory appeal under the collateral order doctrine, we dismiss.

NEWMAN, Circuit Judge, dissenting.

The panel majority holds that we do not have jurisdiction to consider this appeal of the district court’s evidentiary ruling. However, our authority to review this ruling is not a matter of appellate jurisdiction, but of appellate discretion. A court’s jurisdiction is established by statute, and the question concerning this particular protective order is within our jurisdiction and subject to our discretion to review and resolve.

Searcy v. Office of Personnel Management (Nonprecedential Order)

Andrew Searcy, Jr. has filed a petition for review of decisions by the Merit Systems Protection Board. We dismiss the petition for lack of jurisdiction.

Khan v. Merit Medical Systems, Inc. (Nonprecedential Order)

Merit Medical Systems, Inc. moves to dismiss this appeal for lack of jurisdiction. Appellants Nazir Khan and Iftikhar Khan (collectively, “Khan”) oppose dismissal. Merit Medical replies.

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We therefore grant the motion and dismiss the appeal for lack of jurisdiction, subject to reinstatement under the same docket number without the payment of an additional filing fee if, within 60 days of this order, Khan appeals from the entry of a final judgment on the entire case or obtains a certification for appeal pursuant to Rule 54(b).