Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released four nonprecedential opinions, one Rule 36 judgment, and another nonprecedential order dismissing an appeal. Two of the opinions come in pro se cases involving the same petitioner. The third opinion comes in an appeal from a decision of the Patent Trial and Appeal Board, while the fourth opinion comes in an appeal from a decision of the Merit Systems Protection Board. Here are the introductions to the opinions and links to the Rule 36 judgment and dismissals.
Demery v. Merit Systems Protection Board (Nonprecedential)
Libby Demery seeks review of the Merit Systems Protection Board’s decision that it lacks jurisdiction to hear her case. The Board did not err and so we affirm.
Demery v. Merit Systems Protection Board (Nonprecedential)
Libby Demery seeks review of a decision of the Merit Systems Protection Board denying her request for corrective action under the Veterans Employment Opportunity Act because she did not file a timely complaint with the Department of Labor. The Board concluded that Ms. Demery failed to file her complaint with the Department of Labor within the 60-day statutory period under 5 U.S.C. § 3330(a)(2)(A). Because the Board did not err in finding that Ms. Demery’s complaint was untimely, we affirm.
Cases2Tech, LLC v. Squires (Nonprecedential)
In late 2021, Samsung Electronics Co. and an affiliate (collectively, Samsung) petitioned the Patent and Trademark Office (PTO) for institution of an inter partes review (IPR) of all twenty claims of U.S. Patent No. 8,315,400, then owned by Staton Techiya, LLC, and now assigned to the current appellant, Cases2Tech, LLC (collectively, Techiya). The ’400 patent describes and claims noise-suppressing earpieces and methods for using them. The IPR was instituted, and the PTO’s Patent Trial and Appeal Board (Board) eventually held seven claims unpatentable for anticipation and another eight for obviousness. Samsung Electronics Co. v. Staton Techiya, LLC, IPR2022-00282 (P.T.A.B. June 14, 2023).
Barrette v. Department of Veterans Affairs (Nonprecedential)
Dr. Ronald J. Barrette appeals the final decision of the Merit Systems Protection Board (“Board”) upholding his termination from the Department of Veteran Affairs (“VA”). Barrette v. Dep’t of Veterans Affs., No. AT-1221-16- 0840-W-1, 2024 WL 640851 (M.S.P.B. Feb. 14, 2024). For the reasons stated below, we affirm the Board’s final decision.