This morning, the Federal Circuit released two precedential opinions, three nonprecedential opinions, and four nonprecedential orders. One precedential opinion addresses an appeal from an inter partes review final written decision in a patent case. The other precedential opinion addresses an appeal from a decision of the Court of Appeals for Veterans Claims. The nonprecedential opinions address appeals related to decisions of the Merit Systems Protection Board. Of the four orders, one transfers a case and the remaining three are dismissals. Here are the introductions to the opinions, selected text from the transfer and links to the dismissals.
Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, LLC (Precedential Opinion)
Allgenesis Biotherapeutics Inc. (Allgenesis) appeals from an inter partes review final written decision in which the Patent Trial and Appeal Board held that Allgenesis failed to prove claims 4 and 5 of U.S. Patent No. 10,149,820 are unpatentable. Because Allgenesis has failed to establish an injury in fact sufficient to confer standing to appeal, we dismiss.
Bell v. McDonough (Precedential Opinion)
Joseph A. Bell appeals a decision from the Court of Appeals for Veterans Claims, affirming the Board of Veterans’ Appeals decision denying entitlement to an extra-schedular rating for his lumbar spine injury. Because the regulation authorizing the Director of Compensation Service to approve an extra-schedular rating does not prohibit the Director from considering recommendations from agency officials before making this decision, we affirm.
Payne v. Merit Systems Protection Board (Nonprecedential Opinion)
Joseph Payne appeals from a decision of the United States Merit Systems Protection Board (“the Board”) dismissing his appeal in the interest of adjudicatory efficiency. Payne v. U.S. Postal Serv., No. DC-4324-22-0599-I-1, 2022 WL 9464682 (M.S.P.B. Oct. 14, 2022) (“Decision”); R.A. 1–12. For the following reasons, we affirm.
Trimble v. Department of Justice (Nonprecedential Opinion)
Aisha Trimble applied for a job with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), a component of the Department of Justice, but was not selected. She then sought corrective action from the Merit Systems Protection Board, asserting that ATF had violated requirements of the Veterans Employment Opportunities Act of 1998 (VEOA), particularly, 5 U.S.C. §§ 3304(f)(1), 3330a(a)(1)(A). The Board denied her request. See SAppx. (supplemental appendix attached to the Respondent’s Informal Brief) 1–8; Trimble v. Department of Justice, No. DA-3330-22-0317-I-1, 2022 WL 4634810 (M.S.P.B. Sept. 29, 2022). On Ms. Trimble’s appeal, we affirm the Board’s decision.
Trimble v. Department of Justice (Nonprecedential Opinion)
Aisha Trimble applied for a job with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), a component of the Department of Justice, but was not selected. She then sought corrective action from the Merit Systems Protection Board, asserting that ATF had violated the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §§ 4301–4333 (USERRA). The Board denied her request. See SAppx. (supplemental appendix attached to the Respondent’s Informal Brief) 1–10; Trimble v. Department of Justice, No. DA-4324-22-0335-I1, 2022 WL 4634812 (M.S.P.B. Sept. 29, 2022). On Ms. Trimble’s appeal, we affirm the Board’s decision.
In re Howell (Nonprecedential Order)
On October 2, 2023, Burl Anderson Howell filed this petition for a writ of mandamus “for review of the interlocutory Order of August 4, 2023 in the [United States] Court of Appeals for Veterans Claims.” Pet. at 1. Mr. Howell also moves for leave to proceed in forma pauperis.
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Accordingly,
IT IS ORDERED THAT:
(1) The petition is denied because the matter is treated as a timely notice of appeal. The Clerk of Court shall forward ECF No. 2 to the United States Court of Appeals for Veterans Claims for docketing as a notice of appeal, filed on October 2, 2023.
(2) The motion for leave to proceed in forma pauperis is granted. No fee is required for Mr. Howell’s new appeal.