Opinions

This morning, the Federal Circuit released two nonprecedential opinions and six nonprecedential orders. One opinion comes in a patent case appealed from the Patent Trial and Appeal Board; the other comes in a veterans case appealed from the Court of Appeals for Veterans Claims. As for today’s orders: one dismisses an untimely appeal from the Court of Federal Claims; one denies a motion to stay and dismisses a petition seeking review of letters from the Office of Personnel Management regarding an annuity calculation; one dismisses an appeal from the Eastern District of Pennsylvania; two transfer petitions to review decisions of the Merit Systems Protection Board; and one grants an unopposed motion to remand a case to the Merit Systems Protection Board. Here are the introductions.  

BT Americas, Inc. v. Palo Alto Networks, Inc. (Nonprecedential)

BT Americas (BTA) appeals the final written decision of the Patent Trial and Appeal Board (Board) ruling that claims 1–25 of U.S. Patent No. 7,895,641 (’641 patent), owned by Palo Alto Networks (PAN), are unpatentable under 35 U.S.C. § 103. Palo Alto Networks, Inc. v. BT Americas Inc., No. IPR2023-00889, 2024 WL 4709942 (P.T.A.B. Nov. 7, 2024) (Decision). We affirm.

Polich v. Collins (Nonprecedential)

Anthony Polich appeals a decision of the United States Court of Appeals for Veterans Claims (Veterans Court). Polich v. McDonough, 2024 WL 4002743 (Vet. App. Aug. 30, 2024) (Decision). The Veterans Court affirmed the decision of the Board of Veterans’ Appeals (Board) denying an increase in Mr. Polich’s disability rating for symptoms related to traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD). Here, Mr. Polich does not raise a legal issue over which we have jurisdiction. We dismiss.

Beal v. United States (Nonprecedential Order)

The court directed the parties to show cause because this appeal appears untimely. The United States moves for leave to respond out of time, and Charles-Clifton Beal responds and asks for various relief but does not address the timeliness of his appeal.

Blackmon v. Office of Personnel Management (Nonprecedential Order)

In response to this court’s September 16, 2026, show cause order, Barbara J. Blackmon moves the court to stay this matter pending resolution of her concurrent appeal with the Merit Systems Protection Board. The Office of Personnel Management urges dismissal. We deny the motion and dismiss.

Moore v. Griffen (Nonprecedential Order)

Lindell Moore filed a complaint with the United States District Court for the Eastern District of Pennsylvania against various individuals associated with the Office of Children and Youth Services of Lehigh County, Pennsylvania, regarding the relinquishment of his parental rights. The district court dismissed the case, and Mr. Moore filed a notice of appeal that was transmitted to both this court (which is named in the notice) and the United States Court of Appeals for the Third Circuit.

Perdue v. Department of Veterans Affairs (Nonprecedential Order)

In response to this court’s show cause order, the Department of Veterans Affairs (“DVA”) urges dismissal or transfer. Robert E. Perdue urges the court to retain jurisdiction. Lacking jurisdiction, we transfer.

Thomas v. Department of Veterans Affairs (Nonprecedential Order)

The Department of Veterans Affairs (“VA”) moves unopposed to waive Federal Circuit Rule 27(f) and remand to the Merit Systems Protection Board to clarify its decision.

Titre v. Department of Agriculture (Nonprecedential Order)

The Department of Agriculture moves unopposed for the court to waive Federal Circuit Rule 27(f) and transfer this matter.

John Titre appealed to the Merit Systems Protection Board, challenging his removal and asserting defenses including discrimination and retaliation for prior equal employment opportunity (“EEO”) activity. The Board affirmed the removal and rejected the defenses. Mr. Titre seeks judicial review and indicates in his filings before the court that he continues to pursue the discrimination and EEO retaliation claim. ECF No. 8 at 2.