Late yesterday, the Federal Circuit released a nonprecedential order dismissing a case appealed from the Patent Trial and Appeal Board. This morning, the Federal Circuit released three nonprecedential opinions in cases appealed from the Court of Appeals for Veterans Claims, the Merit Systems Protection Board, and the Court of Federal Claims. The Federal Circuit also released two Rule 36 judgments in two patent cases. Here are introductions to the opinions and links to the Rule 36 judgments and dismissal.
Hayes-Libby v. Collins (Nonprecedential)
Barbara A. Hayes-Libby appeals a decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”) denying an earlier effective date for her service-connection claim. Hayes-Libby v. McDonough, No. 233817, 2024 WL 3817216 (Vet. App. Aug. 15, 2024) (“Decision”). For the reasons set forth below, we dismiss.
McCloud v. Merit Systems Protection Board (Nonprecedential)
Contessa McCloud petitions for review of the final order of the Merit Systems Protection Board (“the Board”) denying her petition for review and affirming the dismissal of her individual right of action (“IRA”) appeal for lack of jurisdiction. McCloud v. Dep’t of Veterans Affs., No. AT1221-22-0314-W-1, 2024 WL 3690748 (M.S.P.B. Aug. 6, 2024) (“Final Order”); see also McCloud v. Dep’t of Veterans Affs., No. AT-1221-22-0314-W-1, 2022 WL 2193217 (M.S.P.B. June 16, 2022) (“Initial Decision”), R.A. 12–33.
For the following reasons, we affirm.
Tomko v. United States (Nonprecedential)
Lee Michael Tomko appeals pro se a judgment of the United States Court of Federal Claims dismissing his complaint for lack of jurisdiction and failure to state a claim upon which relief can be granted under Rules 12(b)(1) and 12(b)(6) of the Rules of the United States Court of Federal Claims. For the following reasons, we affirm.