Opinions

This morning, the Federal Circuit released two opinions: a precedential opinion in a patent case addressing the patentability of reissue claims and a nonprecedential opinion addressing the Court of Federal Claims’ subject matter jurisdiction. The court also released two summary affirmances. Here are the introductions to the opinions and links to the summary affirmances.

In re Float ‘N’ Grill LLC (Precedential)

Appellant, Float‘N’Grill LLC (“FNG”), appeals from the decision of the Patent Trial and Appeal Board (“Board”) affirming the Examiner’s rejections under 35 U.S.C. §§ 112(b) and 251 of claims 4, 8, 10–14, and 17–22 of FNG’s application for reissue of its U.S. Patent No. 9,771,132 (“’132 patent”). Because the reissue claims in question do not cover “the invention disclosed in the original patent” as required by 35 U.S.C. § 251, we affirm that rejection and need not address the indefiniteness of those claims under 35 U.S.C. § 112(b).

Werme v. United States (Nonprecedential)

Ms. Lesa Werme filed suit in the United States Court of Federal Claims alleging that a federal district court judge effectuated a judicial taking of Ms. Werme’s property when the judge did not recuse herself from a lawsuit by Ms. Werme alleging that a bank related to the foreclosure of Ms. Werme’s home committed various torts. The Court of Federal Claims found that it lacked subject matter jurisdiction to consider Ms. Werme’s allegations and dismissed the case. We affirm the dismissal.

Rule 36 Judgments