This morning, the Federal Circuit released a precedential opinion in a pro se case appealed from the Court of Federal Claims. The Federal Circuit affirmed the lower court’s dismissal for lack of jurisdiction. The Federal Circuit also released a nonprecedential opinion in a patent case. Notably, Judge Dyk dissented in part. The court also released two other nonprecedential opinions, one in another case dismissed by the Court of Federal Claims for lack of jurisdiction and one in an appeal from a judgment of the Merit Systems Protection Board. The Federal Circuit also released two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

Greene v. United States (Precedential)

The appellants, Tony Lamonte Greene and Billie Wayne Byrd, are incarcerated in a state prison in Oklahoma. They and their seven co-plaintiffs filed actions in the Court of Federal Claims (“the Claims Court”) contending that their imprisonment is unlawful and seeking relief in the form of monetary compensation from the United States. The Claims Court dismissed the plaintiffs’ actions for lack of jurisdiction, and the two appellants brought this appeal. We affirm.

Fullview, Inc. v. Polycom, Inc. (Nonprecedential)

FullView, Inc. (FullView) filed suit against Polycom, Inc. (Polycom) in the United States District Court for the Northern District of California, alleging Polycom infringed U.S. Patent No. 6,128,143 (’143 patent). The district court granted FullView’s motions for summary judgment of nonobviousness and infringement and denied Polycom’s crossmotions for summary judgment of obviousness and noninfringement. Polycom appeals both the grants and denials of these motions. As to validity, because Polycom’s obviousness evidence raises genuine disputes of material fact, we reverse the grant of summary judgment of nonobviousness for FullView and affirm the denial of Polycom’s motion for summary judgment of obviousness. As to infringement, because the district court correctly construed the claims and because we are otherwise unpersuaded that Polycom has raised a genuine dispute of material fact as to literal infringement, we affirm both the grant of summary judgment of infringement for FullView and the denial of Polycom’s motion for summary judgment of noninfringement.

DYK, Circuit Judge, dissenting in part and concurring in part.

While I join part I of the majority opinion, I respectfully dissent from part II, which affirms the grant of summary judgment on infringement. Contrary to the majority opinion, I think there is a genuine dispute of material fact as to whether the cameras (i.e., the image processing devices) are “secured to the support member” as required by claim 10 of the ’143 patent.

Scott v. United States (Nonprecedential)

Appellant Tommy Wesley Scott was convicted of first-degree murder and is serving two consecutive life sentences in an Oklahoma state prison. He contends that he is a member of the Muscogee (Creek) Nation and that the crimes of which he was convicted were committed on the Cherokee Reservation. Because the Major Crimes Act, 18 U.S.C. §1153(a), grants the United States exclusive jurisdiction over certain crimes, including murder, committed by Indians on Indian reservations, he argues that the State of Oklahoma improperly exercised criminal jurisdiction over him.

Mr. Scott filed an action in the Court of Federal Claims (“the Claims Court”) seeking relief from the United States for his improper incarceration in the form of a monetary award. The Claims Court dismissed his complaint for lack of jurisdiction. We affirm.

Lucas v. United States Postal Service (Nonprecedential)

Ms. Sherry G. Lucas petitions for review of a Merit Systems Protection Board (“Board”) decision affirming the United States Postal Service’s removal of Ms. Lucas from her position as Manager of Customer Service, EAS-22, at the Gary, Indiana Post Office for insubordination. Lucas v. U.S. Postal Serv., No. CH-0752-16-0448-I-1, 2017 WL 1148037 (M.S.P.B. Mar. 23, 2017) (App’x 23–42); Lucas v. U.S. Postal Serv., No. CH-0752-16-0448-I-1, 2023 WL 4274177 (M.S.P.B. June 29, 2023) (App’x 63–75). We affirm.