Opinions
on

This morning the Federal Circuit released three nonprecedential opinions, four Rule 36 judgments, and one nonprecedential order. The first nonprecedential opinion affirms a judgment in a patent case appealed from the District of Maryland. The second and third affirm judgments of the Merit Systems Protection Board. The order is a dismissal. Here are the introductions to the opinions, links to the Rule 36 judgments, and a link to the dismissal.

Heidary v. Amazon.com, Inc. (Nonprecedential)

Massoud Heidary appeals from a decision of the U.S. District Court for the District of Maryland dismissing Heidary’s patent infringement claims for improper venue and failure to state a claim. Heidary v. Amazon.com, Inc., 706 F. Supp. 3d 525 (D. Md. 2023) (“Decision”). For the following reasons, we affirm.

Baker v. Social Security Administration (Nonprecedential)

In 2019, Mitzi G. Baker, an employee of the Social Security Administration (SSA) working at its Chicago National Hearing Center, filed an Individual Right of Action appeal with the Merit Systems Protection Board pursuant to 5 U.S.C. § 1221. She complained that SSA had violated 5 U.S.C. § 2302(b)(8), (9) by taking five personnel actions against her in reprisal for her filing earlier appeals with the Board (in 2017 and 2018). She filed the 2019 Board appeal after the Office of Special Counsel (OSC), in December 2018, had terminated its investigation of a complaint she filed with OSC under 5 U.S.C. § 1214(a) as a prerequisite to filing the Board appeal. The assigned Board administrative judge, in an initial decision, denied Ms. Baker’s request for corrective action, and the full Board, in its final order, affirmed the initial decision, including the result, while making a few modifications in the findings and rationale. Ms. Baker appeals that decision. We have jurisdiction, 28 U.S.C. § 1295(a)(9), and now affirm.

Von Kelsing v. Department of the Navy (Nonprecedential)

Angelique Von Kelsing appeals a final order of the Merit Systems Protection Board (“MSPB”) affirming her performance-based removal from a position at the Department of the Navy (“Navy”). Von Kelsing v. Dep’t of the Navy, No. SF-0432-21-0291-I-1, 2022 WL 199510 (M.S.P.B.
Jan. 21, 2022) (“Initial Decision”); Von Kelsing v. Dep’t of the Navy, No. SF-0432-21-0291-I-1 2024 WL 1070872 (M.S.P.B. Mar. 11, 2024) (“Final Order”). For the following reasons, we affirm.

Rule 36 Judgments

Dismissal