Background
Total Intellectual Property Protection Services, Inc. (“TIPPS”) appealed from a case in the U.S. Court of Federal Claims before Judge Thompson M. Dietz. TIPPS’s purported chief executive officer, Michael Shane Adams, had requested appointment of counsel for the corporation, but the Federal Circuit denied that request.
On July 14, 2026, the court warned TIPPS and Adams that it would dismiss the appeal unless counsel entered an appearance for TIPPS within 60 days. Adams and purported co-owner Keith Aloysius Falcon, Jr. later moved for additional time to secure counsel.
The Court’s Holding
In a nonprecedential per curiam order, the Federal Circuit dismissed the appeal, but made the dismissal subject to reinstatement and recall of the mandate, if necessary. TIPPS may obtain reinstatement if, within 90 days after entry of the October 22, 2026 order, a licensed attorney enters an appearance on its behalf and moves for reconsideration of the dismissal.
The court denied all pending motions without prejudice to refiling if the appeal is reinstated. It also directed each party to bear its own costs.
Key Takeaways
- The Federal Circuit dismissed TIPPS’s appeal after no attorney entered an appearance for the corporation within the court’s previously imposed deadline.
- The dismissal is conditional: a licensed attorney may appear for TIPPS and seek reconsideration within 90 days after entry of the order.
- Pending motions may be refiled if the appeal is reinstated, and each party must bear its own costs.
Why It Matters
The order underscores the procedural requirement that a corporation be represented in federal appellate proceedings by licensed counsel rather than by an officer or owner acting without an attorney.
Although the court dismissed the appeal, it preserved a limited route to reinstatement, giving TIPPS 90 days from entry of the order to retain counsel and request reconsideration.