This morning, the Federal Circuit released three nonprecedential orders. In the first order, the court granted a petition for permission to appeal an order of the United States Court of Federal Claims. In the second order, the Federal Circuit denied a petition for a writ of mandamus seeking to order the Western District of Texas to transfer a case. In the third order, the Federal Circuit denied a petition for a writ of mandamus seeking to order the Patent Trial and Appeal Board to terminate an inter partes review proceeding. Here are the introductions to the orders.
Doe No. 1 v. United States (Nonprecedential Order)
Pursuant to 28 U.S.C. § 1292(d)(2), the United States petitions for permission to appeal an order of the United States Court of Federal Claims rendering invalid the Office of Personnel Management’s regulation governing compensable work time for entry-level training outside of regular working hours. Doe No. 1 opposes.
Upon consideration thereof, IT IS ORDERED THAT:
The petition is granted. This case is transferred to the regular docket. The United States’ opening brief is due within 60 days of the date of filing of this order.
In re Roku, Inc. (Nonprecedential Order)
Roku, Inc. petitions for a writ of mandamus directing the United States District Court for the Western District of Texas to vacate its denial of transfer and to transfer pursuant to 28 U.S.C. § 1404(a) to the United States District Court for the Northern District of California. IOENGINE, LLC opposes. . . . Here, the district court considered the relevant factors and found, based on the record evidence and perceived lack of credibility of Roku’s declarant, that Roku had failed to show the Northern District of California was clearly more convenient, particularly given the sources of proof and potential witnesses in the Western District of Texas. We cannot say “that the facts and circumstances are without any basis for a judgment of discretion” in this case. . . .
Accordingly, IT IS ORDERED THAT:
The petition is denied.
In re Ethanol Boosting Systems, LLC (Nonprecedential Order)
Ethanol Boosting Systems, LLC and Massachusetts Institute of Technology (collectively, “EBS”) petition for a writ of mandamus directing the Patent Trial and Appeal Board (“PTAB”) to vacate its November 21, 2022, order and to terminate the inter partes review (“IPR”) proceedings. The United States Patent and Trademark Office (“USPTO”) and Ford Motor Company (“Ford”) oppose. . . . Under the particular circumstances of this case, EBS’s petition has failed to show entitlement to the extraordinary remedy of a writ of mandamus.
Accordingly, IT IS ORDERED THAT:
The petition is denied.