Odyssey Logistics & Technology Corp. v. Stewart, decided March 6, 2025

In Odyssey Logistics & Technology Corp. v. Stewart, the court affirmed the dismissal of Odyssey's complaint, which sought to compel the Director of the U.S. Patent and Trademark Office to review a prior Patent Trial and Appeal Board decision. Odyssey's request for review was based on an Appointments Clause challenge, which they raised after the Supreme Court's decision in Arthrex. The court found that Odyssey forfeited this argument by failing to raise it during their original appeal, and therefore the PTO did not abuse its discretion in denying the request for Director review. The dismissal was ultimately affirmed for failure to state a claim, rather than lack of jurisdiction.