This morning the Federal Circuit released one precedential order, one nonprecedential opinion, and five nonprecedential orders. The precedential order denies motions to voluntarily dismiss an appeal in a patent case, while the nonprecedential opinion affirms a decision of the Merit Systems Protection Board. The first nonprecedential order grants a motion seeking transfer to the Court of Appeals for the Third Circuit, the second nonprecedential order grants a motion for summary affirmance, and the last three nonprecedential orders were all dismissals. Here are the introductions to the precedential order, opinion, and first two nonprecedential orders, as well as links to the dismissals.
Cisco Systems, Inc. v. K. Mizra LLC (Precedential Order)
On August 16, 2024, this court issued an opinion vacating and remanding to the Patent Trial and Appeal Board (“Board”) to further consider patentability. Appellant Cisco Systems, Inc. and Appellant Hewlett
Packard Enterprise Co. then moved under Federal Rule of Appellate Procedure 42(b) to voluntarily dismiss the appeal. Appellants provided that their motions were unopposed and due to settlement. The parties have not requested that we vacate our opinion. On October 9, 2024, this court stayed the issuance of the mandate for this appeal pending the court’s consideration of Appellants’ motions. On October 11, 2024, this court invited the U.S. Patent and Trademark Office (“PTO”) to comment as to what further action it deems is appropriate in this appeal. See 35 U.S.C. § 143. The PTO requested we deny Appellants’ motions because this court has already entered its opinion and judgment and denied rehearing. We agree with the PTO.
McLean v. Department of Veterans (Nonprecedential)
Dr. Thomas McLean appeals pro se a final decision of the Merit Systems Protection Board (Board) denying his request for corrective action under the Whistleblower Protection Act of 1989 (WPA), as amended by the Whistleblower Protection Enhancement Act of 2012 (WPEA). See McLean v. Dep’t of Veterans Affs., No. DE1221-22-0142-W-2, 2024 WL 2784976 (M.S.P.B. Apr. 26, 2024) (Appx. 1–35) (Decision). Although the Board found that Dr. McLean proved a prima facie case of whistleblower reprisal by his suspension and termination by the Department of Veterans Affairs (VA), the Board denied relief because it found that the VA met its burden to show it would have taken the same personnel actions even in the absence of Dr. McLean’s protected activity. We affirm.
Emiabata v. Bank of New York Mellon Trust Co. (Nonprecedential Order)
The United States District Court for the District of Delaware transferred Philip O. Emiabata and Sylvia Emiabata’s foreclosure-related action to another district court, and the Emiabatas appealed to both this court and the United States Court of Appeals for the Third Circuit. In response to this court’s August 15, 2024 order to show cause, the Emiabatas urge transfer to the Third Circuit in the event that the court finds it lacks jurisdiction.
VidStream LLC v. Twitter, Inc. (Nonprecedential Order)
VidStream LLC appeals from the district court’s order denying its motion for a preliminary injunction for failing to establish irreparable injury. Twitter, Inc. moves for summary affirmance. VidStream opposes.