2015 Federal Circuit US Court of Appeals Case Law
Opinions 501 - 790 of 790
Date: May 7, 2015
Docket Number: 12-1250
Justia Opinion Summary: The Continued Dumping and Subsidy Offset Act of 2000, 19 U.S.C. 1675c(a) (2000), (Byrd Amendment) provided for the distribution of antidumping duties collected by the United States to “affected domestic producers” of…
Date: May 7, 2015
Docket Number: 14-1525
Justia Opinion Summary: Beginning in 1983, interferences were declared between Fiers and Sugano generally relating to claims to DNA sequences that encode the precursor and/or mature forms of human fibroblast interferon proteins, which promote…
Date: May 6, 2015
Docket Number: 14-1392
Justia Opinion Summary: EON’s patent, issued in 1997, is directed to software embodied in a “local subscriber data processing station” that operates to interconnect various interactive features of a television. The software allows “impulse…
Date: May 6, 2015
Docket Number: 15-1139
Justia Opinion Summary: Takeda owns several asserted patents that cover several methods of administering colchicine products to treat gout. Colchicine itself, which has been used for centuries, is not covered by Takeda’s patents. Takeda has…
Date: May 4, 2015
Docket Number: 14-1205
Justia Opinion Summary: In 1994, Sukumar began caring for his aging father and noticed that rehabilitation fitness machines used by his father did not adequately suit frail seniors. To learn more about rehabilitation for seniors, he attended…
Date: April 29, 2015
Docket Number: 15-7014
Justia Opinion Summary: Mr. and Ms. Haynes divorced in 1995. Mr. Haynes died in 2000. Ms. Haynes sought Dependency and Indemnity Compensation (DIC) benefits under 38 U.S.C. 1310, as a “surviving spouse.” Because Ms. Haynes was not married to…
Date: April 27, 2015
Docket Number: 12-1289
Justia Opinion Summary: Biosig’s 753 patent is directed to a heart rate monitor that purports to improve upon the prior art by effectively eliminating “noise” signals during the process of detecting a user’s heart rate. The patent discloses an…
Date: April 24, 2015
Docket Number: 13-1304
Justia Opinion Summary: In 1998, the Coalition filed a petition alleging that domestic producers of preserved mushrooms were injured by imports of preserved mushrooms from Chile, China, Indonesia, and India being sold in the U.S. at less than…
Date: April 24, 2015
Docket Number: 13-1528
Justia Opinion Summary: Info-Hold’s 374 patent is directed to systems, apparatuses, and methods for playing music and messages (advertisements) through telephones and public speaker systems. Playback order of the music and message tracks is set…
Date: April 24, 2015
Docket Number: 14-1167
Justia Opinion Summary: Info-Hold’s patent is directed to systems, apparatuses, and methods for playing music and messages (advertisements) through telephones and public speaker systems. Playback order of the music and message tracks is set on…
Date: April 24, 2015
Docket Number: 14-5032
Justia Opinion Summary: In 1996, SUFI contracted with the Air Force to operate telephone systems in lodging facilities on bases in Germany. SUFI installed equipment at no cost to the Air Force, which agreed that guests would make calls…
Date: April 22, 2015
Docket Number: 14-5125
Justia Opinion Summary: The National Institute on Drug Abuse (NIDA) within the National Institutes of Health issued Request for Proposal for the “NIH Pain Consortium Centers of Excellence in Pain Education Coordination Center.” NIDA initially…
Date: April 21, 2015
Docket Number: 14-7045
Justia Opinion Summary: Toomer served in the Army, 1971 to 1974. He sought benefits for degenerative disc disease, claiming connection to a 1972 in-service back strain from lifting heavy objects. In 2004, a VA Regional Office denied the claim.…
Date: April 20, 2015
Docket Number: 14-1203
Justia Opinion Summary: Tam, the “front man” for Asian-American dance rock band The Slants, filed the 263 application, seeking to register the mark THE SLANTS for “Entertainment, namely, live performances by a musical band.” Tam attached…
Date: April 17, 2015
Docket Number: 14-1383
Justia Opinion Summary: TriVita filed trademark application Serial No. 77/658,158 to register the mark NOPALEA on the Principal Register for dietary and nutritional supplements “containing, in whole or in substantial part, nopal juice.” The…
Date: April 17, 2015
Docket Number: 14-1776
Date: April 16, 2015
Docket Number: 14-1540
Justia Opinion Summary: Ineos accused Berry Plastics of infringing its 863 patent, which is directed to polyethylene-based compositions which can be used to form shaped products, such as screw caps for bottles. Prior art polyethylene bottle…
Date: April 13, 2015
Docket Number: 14-1720
Date: April 10, 2015
Docket Number: 14-1297
Justia Opinion Summary: Oplus filed a patent infringement suit in Illinois that was transferred to California. Oplus moved the Judicial Panel on Multidistrict Litigation to transfer the case back and consolidate it with other cases. The Panel…
Date: April 10, 2015
Docket Number: 14-1728
Justia Opinion Summary: AMS sued Crane for infringement of four patents. In 2011, Crane requested an inter partes reexamination of each patent under 35 U.S.C. 311–318. Finding that Crane raised substantial new questions of patentability, the…
Date: April 9, 2015
Docket Number: 14-1065
Justia Opinion Summary: Pfizer’s patent discloses methods of treating eye infections by topical administration of azithromycin to the eye and states that before the invention, azithromycin was commonly administered orally for the treatment of…
Date: April 9, 2015
Docket Number: 14-5019
Justia Opinion Summary: The Court of Federal Claims ruled that MassMutual and ConnMutual were legally authorized to deduct policyholder dividends from their 1995, 1996, and 1997 tax returns in the year before the dividends were actually paid.…
Date: April 7, 2015
Docket Number: 14-1221
Justia Opinion Summary: The patents relate to pharmaceutical formulations containing omeprazole, the active ingredient in Astra’s prescription drug, Prilosec, which is effective in treating acid-related gastrointestinal disorders. The…
Date: April 7, 2015
Docket Number: 14-5015
Justia Opinion Summary: In 2005, the Shinnecock Indian Nation filed suit to vindicate its rights to land in the Town of Southampton, claiming that 1859 New York legislation allowed thousands of acres of the Nation’s land to be wrongfully…
Date: April 6, 2015
Docket Number: 14-5060
Justia Opinion Summary: Prairie County, Montana, and Greenlee County, Arizona sought additional payments under the Payment in Lieu of Taxes Act (PILT), 31 U.S.C. 6901–6907. PILT was enacted to “compensate[ ] local governments for the loss of…
Date: April 3, 2015
Docket Number: 14-1096
Justia Opinion Summary: VSi’s patents are directed to features of an online analytical processing (OLAP) cube capable of collecting and processing “live” data from multiple incompatible databases. According to the patents, before the invention,…
Date: April 2, 2015
Docket Number: 14-5018
Justia Opinion Summary: The Tribe filed suit against the government seeking damages to cover the cost of providing safe drinking water on the northeastern Arizona Hopi Reservation. The reservation’s public water systems rely on groundwater…
Date: April 1, 2015
Docket Number: 14-1724
Justia Opinion Summary: IV alleged infringement of five patents. A year later, JPMC moved to stay the case pending the result of four covered business method reviews (CBMR) JPMC planned to file with respect to the patents. JPMC filed CBMR…
Date: March 31, 2015
Docket Number: 14-1282
Justia Opinion Summary: Daiichi markets Benicar® for treating hypertension. In seeking FDA approval, Daiichi listed, in the Approved Drug Products with Therapeutic Equivalence Evaluations publication, (Orange Book), the 599 patent covering the…
Date: March 26, 2015
Docket Number: 13-1206
Justia Opinion Summary: Exela petitioned the Patent and Trademark Office to “reconsider and withdraw” its revival of the national stage application and to cancel the 218 patent, assigned to SCR Pharmatop. The PTO declined to consider Exela’s…
Date: March 25, 2015
Docket Number: 14-1350
Justia Opinion Summary: Kennametal’s 519 patent was filed in 2004 and issued in 2007. It relates to cutting tools containing ruthenium as a binder that are coated using physical vapor deposition. After being sued for infringement, Ingersoll…
Date: March 23, 2015
Docket Number: 14-1184
Justia Opinion Summary: Cadence’s patents are directed to aqueous phenol formulations— particularly acetaminophen (sometimes referred to as “paracetamol”). The 222 patent, issued in 2000, explains that in aqueous solutions, acetaminophen…
Date: March 20, 2015
Docket Number: 13-1630
Justia Opinion Summary: Senju sued defendants for infringement of the reexamined 045 patent, alleging constructive infringement under the Hatch-Waxman Act, 98 Stat. 1585. Defendants counterclaimed seeking a declaratory judgment of…
Date: March 19, 2015
Docket Number: 14-1302
Justia Opinion Summary: TWM filed a patent infringement suit against AT&T. A jury awarded damages. The district court entered judgment consistent with the verdict and denied all of AT&T’s post-trial motions. AT&T failed to file timely notice of…
Date: March 17, 2015
Docket Number: 14-1060
Justia Opinion Summary: MobileMedia filed suit, asserting infringement of 16 patents by various Apple iPhone products. The district court found claim 73 of the 078 patent and claim 23 of the 068 patent to be infringed and not invalid, but…
Date: March 16, 2015
Docket Number: 14-1321
Justia Opinion Summary: Enzo’s 767 patent involves the use of nucleotide probes that allow a scientist to detect, monitor, localize, or isolate nucleic acids when present in extremely small quantities, as is necessary for the sequencing of…
Date: March 13, 2015
Docket Number: 14-1188
Justia Opinion Summary: The Department of Commerce imposed both antidumping and countervailing duties on pneumatic tires from China under a 2012 law, 19 U.S.C. 1671, 1677f-1, that overruled the Federal Circuit’s 2011decision with respect to the…
Date: March 13, 2015
Docket Number: 14-3048
Justia Opinion Summary: In 2013, the Department of Homeland Security issued a final decision removing Garcia from the U.S. Border Patrol for misconduct. Garcia received notice the same day. Under 5 U.S.C. 7121(e)(1), Garcia had the option to…
Date: March 12, 2015
Docket Number: 14-1803
Date: March 12, 2015
Docket Number: 14-5085
Justia Opinion Summary: Bannum protested decisions of the Bureau of Prisons of the U.S. Department of Justice to award two contracts to other bidders, alleging a common defect in the terms of the solicitations and problems in the evaluation of…
Date: March 11, 2015
Docket Number: 14-5067
Justia Opinion Summary: In 1999-2000, AmerGen purchased three nuclear power plants. The Nuclear Regulatory Commission transferred the operating licenses, making AmerGen obligated to decommission the plants, and extended the licensing to 2029,…
Date: March 10, 2015
Docket Number: 14-1254
Justia Opinion Summary: Eidos alleged that the Display Manufacturers infringed claim 1 of the 958 patent, which is directed toward manufacturing processes for an electro-optical device, such as a liquid crystal display (LCD). The specification…
Date: March 10, 2015
Docket Number: 14-5143
Justia Opinion Summary: The federal Centers for Medicare and Medicaid Services (CMS) uses contractors to determine if Medicare claims were correctly paid. If the contractor identifies an overpayment, CMS sends a demand letter to the provider…
Date: March 10, 2015
Docket Number: 14-7017
Justia Opinion Summary: Wingard, a 20-year veteran, died in 2005, from causes unrelated to his military service. His daughter sought a burial-plot or interment allowance (38 U.S.C. 2303) and burial benefits (38 U.S.C. 2302(a)(1)), which…
Date: March 6, 2015
Docket Number: 13-5122
Justia Opinion Summary: In 2012, the Federal Circuit ruled that the U.S. Border Patrol’s placement of motion sensors on five separate parcels of land owned by Otay Mesa adjacent to the Mexican border in Southern California constituted the…
Date: March 6, 2015
Docket Number: 14-1326
Justia Opinion Summary: In 2003, the VA entered into a contract with Reliable for electrical improvements at a VA medical center, requiring installation of three backup generators, “new and of the most suitable grade.” Federal Acquisition…
Date: March 6, 2015
Docket Number: 14-5078
Justia Opinion Summary: The Department of Agriculture’s Rural Utilities Service (RUS) made a $267 million loan to Open Range to finance construction of wireless broadband networks in 540 RUS-approved markets. Open Range subcontracted with G4S.…
Date: March 2, 2015
Docket Number: 13-1576
Justia Opinion Summary: Warsaw owns the 973 patent, which claims oversized spinal implants, and the 933 patent, which claims methods and devices for retracting tissue to create a working channel for minimally invasive spinal surgery. NuVasive…
Date: March 2, 2015
Docket Number: 14-1480
Justia Opinion Summary: In May 2008, Couture applied to register the service mark PLAYDOM under Lanham Act, 15 U.S.C. 1051(a), submitting a “[s]creen capture of [a] website offering Entertainment Services in commerce.” His website,…
Date: February 26, 2015
Docket Number: 14-1159
Justia Opinion Summary: Before 1994, 35 U.S.C. 154 provided that a patent’s term ran from the date of issue. That term still begins on the date of issuance, but generally ends 20 years after the application was filed. Patent Term Adjustments…
Date: February 26, 2015
Docket Number: 14-5058
Justia Opinion Summary: Roca Solida, a non-profit religious organization, purchased a 40-acre Nevada parcel. A desert stream flowed across the property, the water rights to which Roca also purchased. The water supplied a recreational pond, used…
Date: February 20, 2015
Docket Number: 14-1227
Justia Opinion Summary: The Forest Service awarded EM Logging a timber sale contract for the Kootenai National Forest in Montana. The contract’s load limit clause states that “[a]ll vehicles shall comply with statutory load limits unless a…
Date: February 20, 2015
Docket Number: 14-3012
Justia Opinion Summary: In 2010, while Kerner was an Evidence Custodian, GS-05, with the Department’s Fish and Wildlife Service, he applied for two vacancies: Wildlife Inspector, GS-09/11, and Wildlife Inspector, GS-11/11. Both positions were…
Date: February 20, 2015
Docket Number: 14-7050
Justia Opinion Summary: Mrs. Dixon was the spouse of a veteran. A 1996 an Order of Support issued by the Juvenile and Domestic Relations District Court of Virginia ordered Mr. Dixon to pay Mrs. Dixon child support of $443.00 per month and…
Date: February 18, 2015
Docket Number: 13-3170
Justia Opinion Summary: In March 2010, Herring was removed from her position as a cytotechnologist with the Department of the Navy. The Office of Personnel Management denied her application for disability retirement benefits. Herring received…
Date: February 18, 2015
Docket Number: 14-1396
Justia Opinion Summary: Pacing’s 843 patent is directed to methods and systems for pacing users during activities that involve repeated motions, such as running, cycling, and swimming. The preferred embodiment of the patent describes a method…
Date: February 12, 2015
Docket Number: 12-1649
Justia Opinion Summary: Soverain Software sued Victoria’s Secret and Avon for infringement of its patents relating to virtual shopping carts and to using a hypertext statement so that users can access information about past orders. The district…
Date: February 12, 2015
Docket Number: 13-1640
Justia Opinion Summary: Fenner’s 706 patent is directed to personal communication services (PCS) systems, whereby users are provided with the ability to access a communications network from diverse locations. Before the development of PCS…
Date: February 12, 2015
Docket Number: 14-1347
Justia Opinion Summary: United owns three patents that recite systems for using a landline telephone connection for both voice communication and data transmission. They are directed to the use of exchanges that combine the voice and data…
Date: February 12, 2015
Docket Number: 14-5062
Justia Opinion Summary: In 2004, K-Con entered into a contract with the federal government to construct a Coast Guard building in Port Huron Michigan for $582,641. Once K-Con finished, the government imposed liquidated damages of $109,554 for…
Date: February 10, 2015
Docket Number: 14-1111
Date: February 10, 2015
Docket Numbers: 14-1196, 14-1197, 14-1198, 14-1199, 14-1200
Justia Opinion Summary: Helferich Patent Licensing, LLC, which owns several United States patents that cover a range of related wireless-communication technologies, filed this lawsuit against New York Times Co., G4 Media LLC, CBS Corporation,…
Date: February 5, 2015
Docket Number: 14-1234
Justia Opinion Summary: The Commerce Department determined that shrimp imported from India were being sold in the U.S. at less than fair market value. During administrative review of that antidumping order, shrimp exporters Apex and Falcon…
Date: February 4, 2015
Docket Number: 14-1301
Justia Opinion Summary: Garmin petitioned the U.S. Patent and Trademark Office for inter partes review (IPR) of claims 10, 14, and 17 of the Cuozzo’s 074 patent, entitled “Speed Limit Indicator and Method for Displaying Speed and the Relevant…
Date: February 4, 2015
Docket Number: 14-5020
Justia Opinion Summary: Gaylord, a renowned sculptor, created The Column, consisting of stainless steel statues depicting soldiers on patrol, as the center of the Korean War Veterans Memorial on the National Mall in Washington, D.C. Gaylord…
Date: February 3, 2015
Docket Number: 14-1327
Justia Opinion Summary: Best, a Hong Kong manufacturer, produces Metalized Yarn from polyester chips melted with metal nanopowders to form monofilament yarns. Best sought a pre-importation ruling concerning proper tariff classification in the…
Date: February 2, 2015
Docket Number: 14-1110
Justia Opinion Summary: The descriptions for Papst Licensing’s 399 and449 patents are largely the same, the 449 patent having issued on a divisional application carved out of the application that became the 399 patent. The focus of both is an…
Date: January 30, 2015
Docket Number: 14-1479
Justia Opinion Summary: In 2001, the Department of Commerce imposed an antidumping duty order on honey imported from China. Dongtai was named a respondent in the 2012 tenth review of the Order. Commerce issued it non-market economy…
Date: January 29, 2015
Docket Number: 14-1206
Justia Opinion Summary: Imes’s U.S. patent application no. 09/874,423 is directed to a device for communicating digital camera image and video information over a network. The Patent Trial and Appeal Board affirmed the examiner’s rejections of…
Date: January 29, 2015
Docket Number: 14-1225
Justia Opinion Summary: Downhole is a U.S. importer of “drill pipe” from a Chinese producer. Drill pipe, a specialized high-strength iron alloy tube used in oil-drilling, is manufactured in stages, starting with seamless raw steel “green tube,”…
Date: January 29, 2015
Docket Number: 14-1267
Date: January 27, 2015
Docket Number: 14-1451
Date: January 21, 2015
Docket Number: 14-1386
Justia Opinion Summary: The U.S. International Trade Commission initiated an investigation into whether a domestic industry was materially injured or threatened by imports of certain aluminum extrusions from China. The Department of Commerce…
Date: January 21, 2015
Docket Number: 14-7071
Justia Opinion Summary: Moffitt served in the Army, 1944-1946, and was discharged due to injuries sustained during service. The VA awarded him a combined disability rating of 100%, which was later reduced to a combined 60% rating, effective…
Date: January 15, 2015
Docket Number: 13-1073
Justia Opinion Summary: In 2005, NeuroRepair retained Nath Law Group for prosecution of patent applications. NeuroRepair became dissatisfied and requested that Nath transfer its files to another law firm to continue prosecution before the…
Date: January 15, 2015
Docket Number: 13-1535
Justia Opinion Summary: Newbridge, headquartered in Newbridge, Ireland, designs, manufactures and sells housewares and silverware around the world under the mark NEWBRIDGE HOME. Newbridge designs its products in Newbridge, Ireland, and…
Date: January 14, 2015
Docket Number: 14-5042
Justia Opinion Summary: Higbie, a Criminal Investigator for the U.S. State Department, contacted equal employment opportunity (EEO) counsel to complain of alleged reprisal by the Department for his activities, which he claimed were protected…
Date: January 13, 2015
Docket Number: 14-1114
Justia Opinion Summary: The application from which the 135 patent issued (28 years later) was filed in 1974. The patent relates to prosthetic vascular grafts made of highly-expanded polytetrafluoroethylene (ePTFE), consisting of solid nodes of…
Date: January 9, 2015
Docket Number: 14-1030
Justia Opinion Summary: The USDA, owner of the patents on the table grape varieties Scarlet Royal and Autumn King, has exclusively licensed the patents to the California Table Grape Commission, which sublicenses to California grape growers and…
Date: January 9, 2015
Docket Number: 14-1421
Date: January 8, 2015
Docket Number: 14-1113
Justia Opinion Summary: Following nomination by the President and confirmation by the Senate, Brigadier General Schwalier was scheduled to be appointed to major general in 1997. His appointment was delayed and the President later chose not to…
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