Today the Federal Circuit released five nonprecedential orders and one errata. One of the orders comes in a patent case decided by the Patent Trial and Appeal Board, and it grants motions to dismissal the appeal as moot and also vacates the PTAB’s final written decision. Another order comes in a veterans case, and it dismisses an appeal and denies a petition. The third order grants an unopposed motion by the Merit Systems Protection Board to remand a case. The other two orders are dismissals. Here are the introductions to the first three orders as well as links to the errata and dismissals.
Canadian Solar, Inc. v. Maxeon Solar Pte. (Nonprecedential Order)
In response to a patent infringement suit brought by Maxeon Solar PTE. Ltd., Canadian Solar, Inc. (“CSI”) commenced the underlying inter partes review (“IPR”) proceeding. CSI appeals from the Patent Trial and Appeal Board’s decision that claim 12 of U.S. Patent No. 8,222,516 was not shown to be unpatentable. Maxeon now moves to dismiss the appeal as moot in view of its “unilateral covenant not to sue” CSI for infringement. ECF No. 6 at 21. CSI does not oppose dismissal but requests vacatur, which Maxeon opposes.
In re Byrd (Nonprecedential Order)
On January 22, 2026, the United States Court of Appeals for Veterans Claims entered final judgment dismissing Takician L. Byrd’s appeal as premature due to her pending motion for reconsideration before the Board of Veterans’ Appeals. Ms. Byrd filed a notice of appeal on May 22, 2026. In this court, she also filed a petition for a writ of mandamus on May 24, 2026, seeking, inter alia, to direct the Court of Appeals for Veterans Claims to vacate its judgment and the Board to decide the motion for reconsideration.
Roberson v. Merit Systems Protection Board (Nonprecedential Order)
The Merit Systems Protection Board moves unopposed to waive Federal Circuit Rule 27(f) and for remand “for the administrative judge to clearly and correctly articulate the legal standards applied and, if necessary, to provide [JainMiecell I.] Roberson an opportunity to submit additional briefing.” ECF No. 15 at 6.