Opinions
on

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released two precedential opinions and one nonprecedential opinion. The first precedential opinion comes in a Tucker Act case appealed from the Court of Federal Claims. The second precedential opinion and the nonprecedential opinion come in separate patent cases appealed from the Southern District of Florida. Here are the introductions to the opinions as well as a link to the dismissal.

Johnson v. United States (Precedential)

In February 2024, Plaintiff-Appellant Christopher Johnson filed a complaint in the United States Court of Federal Claims seeking military disability retirement backpay and benefits arising from his 1992 discharge from the United States Marine Corps. The Court of Federal Claims dismissed the complaint as untimely under the Tucker Act’s statute of limitations. Mr. Johnson now appeals, contending that the trial court erred in determining that his claims accrued more than six years before he filed his complaint. He argues that, instead, the Court of Federal Claims should have applied exceptions to the default rule for determining when a claim accrues – exceptions known as the “reopening rule” and the “half-a-legal-loaf doctrine” – which would have resulted in his claims being timely.

Socket Solutions, LLC v. Import Global, LLC (Precedential)

Import Global, LLC (Import Global) appeals the United States District Court for the Southern District of Florida’s grant of a preliminary injunction barring Import Global from manufacturing, using, selling, offering to sell, or importing into the United States its Neat Socket® product. For the reasons below, we vacate the district court’s grant of a preliminary injunction and remand for further proceedings consistent with this opinion.

We agree with the Court of Federal Claims that neither of these exceptions applies here. Therefore, we affirm.

Scilex Pharmaceuticals Inc. v. Aveva Drug Delivery Systems, Inc. (Nonprecedential)

Scilex Pharmaceuticals Inc. (“Scilex”), Itochu Chemical Frontier Corp. (“Itochu”), and Oishi Koseido Co., Ltd. (“Oishi”) (collectively, the “Scilex plaintiffs”) appeal a final judgment of non-infringement entered by the United States District Court for the Southern District of Florida. For the reasons discussed below, we affirm.

Dismmissal