This morning the Federal Circuit released two nonprecedential opinions and seven nonprecedential orders. The first opinion affirms a judgment of the Merit Systems Protection Board, and the second opinion affirms in part, reverses in part, and remands a patent and trade secret case appealed from the District of Rhode Island. Three of the orders are dismissals and four are Rule 36 summary affirmances. Here are the introductions to the opinions and links to the dismissals and summary affirmances.

Martinez v. Department of the Army (Nonprecedential)

Rudolph Martinez, Jr. has appealed the Merit Systems Protection Board’s (“MSPB”) order denying Mr. Martinez’s petition for review and affirming a March 18, 2021 Initial Decision to mitigate Mr. Martinez’s removal to a thirty-day suspension, which became final on April 27, 2023. Martinez v. Dep’t of the Army, No. DE-0752-21-0052-I-1, 2023 WL 3131962 (M.S.P.B. Apr. 27, 2023) (“Final Order”). For the following reasons, we affirm.

Alifax Holding SPA v. Alcor Scientific LLC (Nonprecedential)

This appeal is the culmination of the parties’ multiyear litigation at the District Court of Rhode Island concerning automated clinical instruments that measure certain characteristics of human blood samples. Alifax Holding SpA and Sire Analytical Systems SRL (collectively, “Alifax”) sued Alcor Scientific LLC (“Alcor”) and Mr. Francesco A. Frappa (collectively, the “Cross-Appellants” or “Defendants”), alleging misappropriation of trade secrets, patent infringement, and copyright infringement. For the reasons discussed below, we affirm-in-part and reverse-in-part the district court’s decisions, and remand for further proceedings.


Rule 36 Judgments