This morning, the Federal Circuit released four nonprecedential opinions, two nonprecedential orders, and one errata. Two of the opinions come in cases involving appeals from the Merit Systems Protection Board, and two come in patent cases, one appealed from the Southern District of New York and one from the Patent Trial and Appeal Board. The two orders deny petitions for writs of mandamus, one to the Court of Appeals for Veterans Claims and the other to the Court of International Trade. Here are the introductions to the opinions and orders as well as a link to the errata.
Carnegie Institution of Washington v. Fenix Diamonds LLC (Nonprecedential)
Carnegie Institution of Washington and M7D Corporation sued Fenix Diamonds LLC for infringing two patents directed to methods for making lab-grown diamonds. The district court granted summary judgment of non-infringement for both patents, and Carnegie and M7D appealed to this court. During the appeal, the parties entered a consent stipulation of dismissal and the action returned to the district court to address issues related to Fenix’s claim for attorney fees and expenses. The district court entered judgment in favor of Fenix and found Carnegie and M7D jointly and severally liable for $3,240,669.66 in attorney fees, expenses, and post-judgment interest. The district court, however, denied Fenix’s claim for pre-judgment interest. Carnegie returns to this court challenging the award of attorney fees and expenses. Fenix cross-appeals the district court’s denial of pre-judgment interest. We conclude that the district court did not abuse its discretion in its award of attorney fees and expenses, or in its denial of pre-judgment interest. We affirm.
Collier v. Merit Systems Protection Board (Nonprecedential)
LaDonna Collier petitions for review of the Merit Systems Protection Board’s final order affirming the dismissal of her whistleblower Individual Right of Action appeal for lack of jurisdiction. Because Ms. Collier fails to identify any reversible error or nonfrivolously allege that she made any protected disclosures under the Whistleblower Protection Act, we affirm.
In re Incept LLC (Nonprecedential)
Incept LLC (“Incept”) appeals the Patent Trial and Appeal Board’s decision affirming an examiner’s rejection of claim 1 of U.S. Patent Application No. 16/886,099 (“the ’099 application”) as unpatentable under 35 U.S.C.§ 103. Ex parte Bean, No. 2024-003619, 2024 WL 5193610, at *5–8 (P.T.A.B. Dec. 20, 2024) (“Decision”); Ex parte Bean, No. 2024-003619, 2025 WL 1329066 (P.T.A.B. Apr. 30, 2025) (“Decision Denying Rehearing”). For the reasons below, we vacate and remand.
Wilson v. Office of Personnel Management (Nonprecedential)
Rochelle Wilson petitions for review of a final order of the Merit Systems Protection Board (Board) affirming her removal from her position with the Office of Personnel Management (OPM). Wilson v. Off. of Pers. Mgmt., No. DC-0752-21-0025-I-2, 2025 WL 568559 (M.S.P.B. Feb. 19, 2025) (Decision). For the reasons discussed below, we affirm.
In re Hovgaard (Nonprecedential Order)
Kim A. Hovgaard files a petition for a writ of mandamus seeking to compel the United States Court of Appeals for Veterans Claims to transmit his “Notice of Appeal and Fee Waiver” to this court. Appeal No. 2026-154, ECF No. 2 at 3.1 The Court of Appeals for Veterans Claims has since transmitted Mr. Hovgaard’s notice of appeal, which has been docketed here as Appeal No. 2026-2197. The Secretary of Veterans Affairs moves for summary affirmance in that appeal. Mr. Hovgaard moves for leave to proceed in forma pauperis (“IFP”) in both matters.
In re Patel (Nonprecedential Order)
Before the court is a petition for a writ of mandamus filed by Raj K. Patel. According to the petition, Mr. Patel has twice attempted to file a complaint at the United States Court of International Trade, and on both occasions, the Court of International Trade returned the complaint undocketed. He now seeks a writ of mandamus directing the Court of International Trade to docket his complaint. He also moves for leave to proceed in forma pauperis.