Welytok v. Director of the USPTO

Welytok v. Director of the USPTO The Federal Circuit dismissed the appeal for failure to prosecute after the appellant did not file the required brief on time. The order does not address any patent-law merits issue. This is a procedural reminder that failure to comply with Federal Circuit briefing deadlines can result in dismissal before any merits review. Appeal dismissed. The order is nonprecedential. The appeal arose from the Eastern District of Virginia in a case against the Director of the USPTO. The appellant failed to file the brief required by Federal Circuit Rule 31(d) within the time allowed. The Federal Circuit dismissed the notice of appeal for failure to prosecute. No substantive patent issue—such as patentability, claim construction, infringement, or jurisdiction—was decided. non-precedential waiver / forfeiture standing / jurisdiction claim construction infringement non-precedential waiver / forfeiture standing / jurisdiction claim construction infringement non-precedential waiver / forfeiture