Today, the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The opinion addresses an appeal from a grant of summary judgment in which a district court held that a patent was ineligible for patenting. Specifically, the district court found that the claims at issue simply sought to automate prior art methods to minimize human error and replaced the human operator with a conventional machine. Two of the orders released today transfer cases, and one dismisses an appeal. Late last Friday, the Federal Circuit also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinion and transfers and links to the dismissals.
Ficep Corp. v. Peddinghaus Corp. (Nonprecedential Opinion)
Ficep Corporation (Ficep) appeals from the United States District Court for the District of Delaware’s grant of summary judgment holding claims of U.S. Patent 7,974,719 (’719 patent) patent ineligible under 35 U.S.C. § 101. Ficep Corp. v. Peddinghaus Corp., 587 F. Supp. 3d 115 (D. Del. 2022) (Opinion). Because we agree that the claims are directed to an abstract idea, we affirm.
Brooks v. Merit System Protection Board (Nonprecedential Order)
Because Mr. Brooks’ submissions to this court indicate that he raised a covered discrimination claim before the Board and continues to seek judicial review of his claim, we conclude that transfer is appropriate, 28 U.S.C. § 1631, and, in agreement with the Board’s request, ECF No. 20 at 4–5, transfer the case to the Southern District of Texas.
Accordingly,
IT IS ORDERED THAT:
The petition for review and all of the filings are transmitted to the United States District Court for the Southern District of Texas pursuant to 28 U.S.C. § 1631.
McMillin v. Department of Veterans Affairs (Nonprecedential Order)
Although the Department urges dismissal, we deem it the better course to transfer to allow the district court to consider any of Ms. McMillin’s challenges to the final decision.
Accordingly,
IT IS ORDERED THAT:
Pursuant to 28 U.S.C. § 1631, this case and all transmittals are transferred to the United States District Court for the Eastern District of Texas.