Late yesterday and this morning, the Federal Circuit released two nonprecedential opinions: one in a patent case appealed from the Patent Trial and Appeal Board and one in a tax case appealed from the Court of Federal Claims. The Federal Circuit also released eight nonprecedential orders: one summarily affirming a dismissal for lack of jurisdiction by the Court of Federal Claims, two transferring cases to other circuit courts, one deactivating and dismissing appeals, and four dismissing appeals. Here are the introductions to the opinions and orders and links to the dismissals.
In re Starrett (Nonprecedential)
William Henry Starrett, Jr., appeals from a decision of the United States Patent and Trademark Office Patent Trial and Appeal Board (“the Board”) affirming an Examiner’s rejection of the pending claims of U.S. Patent Application 15/299,124 (“the ’124 application”) as unpatentable based on various grounds. Ex parte William Henry Starrett Jr., No. 2021-002543, 2022 WL 1198959 (P.T.A.B. Apr. 15, 2022) (“Decision”). For the following reasons, we affirm.
Lofton v. United States (Nonprecedential)
Ms. Lofton appeals two orders issued by the United States Court of Federal Claims that dismissed her claims against California state and local agencies along with her tax refund case against the United States. For the following reasons, we affirm.
Parrott v. United States (Nonprecedential Order)
Joseph Parrott, Sr. has appealed from the final judgment of the United States Court of Federal Claims dismissing his complaint for lack of jurisdiction. He moves for leave to proceed in forma pauperis. We summarily affirm.
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IT IS ORDERED THAT:
(1) Mr. Parrott’s opening brief, ECF No. 8, is accepted for filing.
(2) The judgment of the United States Court of Federal Claims is affirmed.
(3) All pending motions are denied as moot.
(4) Each side shall bear its own costs.
Roberts v. Studio 15 Management (Nonprecedential Order)
Having received no response to the court’s February 21, 2023, order to show cause, we now transfer.
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IT IS ORDERED THAT:
This appeal and all transmittals are transferred to the United States Court of Appeals for the Ninth Circuit.
Lockett v. Helfman Motor Sales Inc. (Nonprecedential Order)
Appellees move to reform the official caption. In response to this court’s March 28, 2023, order to show cause, the appellees also urge dismissal of this appeal. Emmanuel Marquis Lockett has not responded.
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IT IS ORDERED THAT:
The appeal and all its filings are transferred to the United States Court of Appeals for the Fifth Circuit pursuant to 28 U.S.C. § 1631.
WSOU Investments LLC v. Dell Technologies Inc. (Nonprecedential Order)
Dell Technologies Inc., Dell, Inc., EMC Corp., and VMware, Inc. (collectively, “Dell”) move to dismiss the above-captioned appeals as premature. WSOU Investments LLC (“WSOU”) opposes, or, in the alternative, requests deactivation. For the following reasons, we dismiss Appeal No. 2023-1758 and deactivate Appeal Nos. 2023-1759 and 2023-1761.
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IT IS ORDERED THAT:
(1) The motions are granted to the following extent. Appeal Nos. 2023-1759 and 2023-1761 are deactivated. Within 30 days from the date of entry of final judgment, the parties are directed to inform the court how they think those appeals should proceed.
(2) Appeal No. 2023-1758 is dismissed for lack of jurisdiction. Each party shall bear its own costs with respect to Appeal No. 2023-1758.