2018 Federal Circuit US Court of Appeals Case Law

LOCKWOOD v. DVA
Date: February 21, 2018
Docket Number: 17-1489
Arendi S.A.R.L. v. Google LLC  
Date: February 20, 2018
Docket Number: 16-1249

Justia Opinion Summary: On inter partes review of Arendi’s patent, which relates to a computerized method for identifying and substituting information in an electronic document, the Patent Trial and Appeal Board held all of the claims unpatenta...

IN RE: JANKE
Date: February 20, 2018
Docket Number: 17-1697
INTEGRATED TECHNOLOGICAL v. FIRST INTERNET BANK OF
Date: February 20, 2018
Docket Number: 17-1795
A. SCHULMAN, INC. v. POLYONE CORPORATION
Date: February 20, 2018
Docket Number: 17-2035
SNAP-ON INC. v. MILWAUKEE ELECTRIC TOOL CORP.
Date: February 16, 2018
Docket Number: 17-1305
AUTOMATED TRACKING SOLUTIONS v. THE COCA-COLA COMPANY
Date: February 16, 2018
Docket Number: 17-1494
STERLING v. SHULKIN
Date: February 15, 2018
Docket Number: 17-1049
IN RE: KHAN
Date: February 15, 2018
Docket Number: 17-2207
JOHNSON v. US
Date: February 15, 2018
Docket Number: 18-1035
IN RE VIOLATION OF RULE 50
Date: February 15, 2018
Docket Number: 18-9000
TRAVEL SENTRY, INC. v. DAVID TROPP
Date: February 14, 2018
Docket Number: 16-2386
THINK PRODUCTS, INC. v. ACCO BRANDS CORPORATION
Date: February 14, 2018
Docket Number: 17-1360
STRATEGIC BUSINESS SOLUTIONS v. US
Date: February 14, 2018
Docket Number: 17-1418
Aatrix Software, Inc v. Green Shades Software, Inc  
Date: February 14, 2018
Docket Number: 17-1452

Justia Opinion Summary: Aatrix's patents have essentially the same specification and are directed to systems and methods for designing, creating, and importing data into a viewable form on a computer so that a user can manipulate the data and c...

CISCO SYSTEMS, INC. v. ARISTA NETWORKS, INC.
Date: February 14, 2018
Docket Number: 17-2384
GRAMM v. DEERE & COMPANY
Date: February 13, 2018
Docket Number: 17-1252
PRAXAIR TECHNOLOGY, INC. v. AIR LIQUIDE LARGE INDUSTRIES
Date: February 13, 2018
Docket Number: 17-1318
CLEARON CORP. v. US
Date: February 13, 2018
Docket Number: 17-1520
KLIPPEL v. DHS
Date: February 13, 2018
Docket Number: 17-1636
IN RE: LIFEWATCH TECHNOLOGIES LTD.
Date: February 13, 2018
Docket Number: 17-1652
COSMO LIGHTING INC. v. ORSTAR INDUSTRIAL CO. LTD.
Date: February 13, 2018
Docket Number: 17-1804
Aviation & General Isurance Co., Ltd. v. United States  
Date: February 12, 2018
Docket Number: 16-2389

Justia Opinion Summary: In 1985, EgyptAir Flight 648 was hijacked by terrorists, who killed passengers and destroyed the aircraft. The U.S. State Department determined that the terrorists received support from the Libyan government. In 1988, a...

CAPELLA PHOTONICS, INC. v. CISCO SYSTEMS, INC.
Date: February 12, 2018
Docket Number: 16-2394
ALTAIR INSTRUMENTS, INC. v. KELLEY WEST ENTERPRISES, LLC
Date: February 12, 2018
Docket Number: 17-1194
In re: Hodges  
Date: February 12, 2018
Docket Number: 17-1434

Justia Opinion Summary: The 222 Application, entitled “System and Method for Operating a Drain Valve,” is directed to a valve assembly for draining contaminants, condensation, and other fluids that adversely affect the efficiency and function o...

IN RE: CHAPLIN
Date: February 12, 2018
Docket Number: 17-1478
IN RE: SCHOLLMAYER
Date: February 12, 2018
Docket Number: 17-1574
ATTENUATION ENVIRONMENTAL CO. v. CHAIRMAN OF THE US NRC
Date: February 12, 2018
Docket Number: 17-1642
IN RE: BURGOS
Date: February 12, 2018
Docket Number: 17-1714
LEITNER-WISE v. LWRC INTERNATIONAL, LLC
Date: February 12, 2018
Docket Number: 17-1852
ROBERT BOSCH TOOL CORPORATION v. ITC
Date: February 12, 2018
Docket Number: 17-1883
HIRSCHFIELD v. OPM
Date: February 12, 2018
Docket Number: 17-2607
MACDONALD v. SHULKIN
Date: February 12, 2018
Docket Number: 18-1099
Polaris Industries, Inc. v. Arctic Cat, Inc.  
Date: February 9, 2018
Docket Number: 16-1807

Justia Opinion Summary: Polaris’s 405 Patent, titled “Side-by-Side ATV,” issued in December 2013, “relates to [all-terrain vehicles] having at least a pair of laterally spaced apart seating surfaces.” The patent expresses a desire that the ATVs...

Xitronix Corp. v. KLA-Tencor Corp.  
Date: February 9, 2018
Docket Number: 16-2746

Justia Opinion Summary: Xitronix filed, in the U.S. District Court for the Western District of Texas, a “Walker Process” monopolization claim under section 2 of the Sherman Act and sections 4 and 6 of the Clayton Act based on the alleged fraudu...

O'Farrell v. Department of Defense  
Date: February 9, 2018
Docket Number: 17-1223

Justia Opinion Summary: On September 11, 2012, President Obama published notice “continuing for [one] year the national emergency . . . with respect to the terrorist attacks.” In April 2013, O’Farrell, an Army Reservist, received an order direc...

Merck Sharp & Dohme Corp. v. Amneal Pharmaceuticals LLC  
Date: February 9, 2018
Docket Number: 17-1560

Justia Opinion Summary: Merck’s 353 patent claims mometasone furoate monohydrate, the active ingredient in Merck’s Nasonex® nasal product. Amneal submitted an Abbreviated New Drug Application (ANDA) to the U.S. Food & Drug Administration (FDA)...

ZUILI v. GOOGLE LLC
Date: February 9, 2018
Docket Number: 17-2161
DIAMOND SAWBLADES MANUFACTURER v. US
Date: February 8, 2018
Docket Number: 16-1253
ASRARI v. DHS
Date: February 8, 2018
Docket Number: 17-1064
Berkheimer v. HP Inc.  
Date: February 8, 2018
Docket Number: 17-1437

Justia Opinion Summary: The 713 patent relates to digitally processing and archiving files in a digital asset management system that parses files into multiple objects and tags the objects to create relationships between them. These objects ar...

In re: Nordt Development Co., LLC  
Date: February 8, 2018
Docket Number: 17-1445

Justia Opinion Summary: The 865 application is directed to an elastic knee brace having a framework and a hinge with a strut and arm components. The elastic nature of the knee brace allows for and aids in the flexing of the knee. The specificat...

KOMATSU LTD. v. THE AMERICAN TORCH TIP CO.
Date: February 8, 2018
Docket Number: 17-1696
GRAPHIC PACKAGING INTL. v. INLINE PACKAGING, LLC
Date: February 8, 2018
Docket Number: 17-1776
SPITTERS v. US
Date: February 8, 2018
Docket Number: 18-1078
BLUE SPIKE, LLC v. ADOBE SYSTEMS, INC.
Date: February 7, 2018
Docket Number: 16-1075
PAPIERFABRIK AUGUST KOEHLER SE v. US
Date: February 7, 2018
Docket Number: 16-2425
HUSTEEL CO., LTD. v. US
Date: February 7, 2018
Docket Number: 16-2732
HAYWARD INDUSTRIES, INC. v. PENTAIR WATER POOL AND SPA
Date: February 7, 2018
Docket Number: 17-1021
MACOM TECHNOLOGY SOLUTIONS v. INFINEON TECHNOLOGIES AMERICAS
Date: February 7, 2018
Docket Number: 17-1448
MACOM Technology Solutions Holdings, Inc. v. Infineon Technologies Americas Corp.  
Date: February 7, 2018
Docket Number: 17-1448

Justia Opinion Summary: MACOM’s predecessor developed semiconductors using gallium nitride (GaN), obtained patents related to that technology, and sold those patents to Infineon's predecessor, retaining rights under separate license agreement....

GERACE v. SHULKIN
Date: February 7, 2018
Docket Number: 17-1562
IN RE: TECSEC, INC.
Date: February 7, 2018
Docket Number: 17-1648
COHO LICENSING LLC v. OATH INC.
Date: February 7, 2018
Docket Number: 17-1704
MACOM TECHNOLOGY SOLUTIONS v. INFINEON TECHNOLOGIES AMERICAS
Date: February 7, 2018
Docket Number: 17-1882
Medicines Co. v. Hospira, Inc.  
Date: February 6, 2018
Docket Number: 14-1469

Justia Opinion Summary: TMC owns patents relating to the drug bivalirudin, a synthetic peptide anti-coagulant. TMC sells the drug for injection under the Angiomax® brand and purchased pharmaceutical batches from BV. In 2005, BV created batches...

Actelion Pharmaceuticals, Ltd v. Matal  
Date: February 6, 2018
Docket Number: 17-1238

Justia Opinion Summary: The framework in 35 U.S.C. 154 allows adjustment a patent’s term “[t]o account for any undue delays in patent examination caused by the PTO,” including an “A Delay,” which “arises when the PTO fails to meet statutory dea...

EASTMAN KODAK COMPANY v. CTP INNOVATIONS, LLC
Date: February 6, 2018
Docket Number: 17-1278
Elbit Systems of America, LLC v. Thales Visionix Inc.  
Date: February 6, 2018
Docket Number: 17-1355

Justia Opinion Summary: Entitled “Motion-Tracking,” the 159 patent generally relates to “tracking motion relative to a moving platform, such as motion-base simulators, virtual environment trainers deployed on board ships, and live vehicular app...

SOLIMAN v. US
Date: February 6, 2018
Docket Number: 17-2529
WCM INDUSTRIES, INC. v. IPS CORPORATION
Date: February 5, 2018
Docket Number: 16-2211
AbbVie Inc. v. MedImmune Limited  
Date: February 5, 2018
Docket Number: 17-1689

Justia Opinion Summary: The 1995 agreement, arising from a research collaboration that resulted in the antibody adalimumab, the active ingredient in the drug Humira, is governed by British law. The agreement licensed AbbVie to practice the 516...

PAICE LLC v. FORD MOTOR COMPANY
Date: February 1, 2018
Docket Number: 17-1263
Paice, LLC v. Ford Motor Co.  
Date: February 1, 2018
Docket Number: 17-1387

Justia Opinion Summary: Paice’s related 634 and 097 patents, both titled “Hybrid Vehicles,” are directed to a torque-based algorithm for selecting operating modes in a hybrid vehicle having an internal combustion engine and one or more battery-...

MOVE, INC. v. REAL ESTATE ALLIANCE
Date: February 1, 2018
Docket Number: 17-1463
KISOR v. SHULKIN [ORDER DENYING PANEL & EN BANC REHEARING]
Date: January 31, 2018
Docket Number: 16-1929
New York and Presbyterian Hospital v. United States  
Date: January 31, 2018
Docket Number: 17-1180

Justia Opinion Summary: A 2004 IRS regulation excluded medical residents from the FICA tax student exception for services provided after April 1, 2005. In 2010, the IRS decided that residents could qualify for the exception for tax periods endi...

SMITH & NEPHEW, INC. v. HOLOGIC, INC.
Date: January 30, 2018
Docket Number: 17-1008
LEVEL 3 COMMUNICATIONS, LLC v. US
Date: January 30, 2018
Docket Number: 17-1924
MOTT v. DVA
Date: January 26, 2018
Docket Number: 17-1222
BIAS v. US
Date: January 26, 2018
Docket Number: 17-2116
Core Wireless Licensing, S.A.R.L. v. LG Electronics, Inc.  
Date: January 25, 2018
Docket Number: 16-2684

Justia Opinion Summary: The 476 and 020 patents disclose improved display interfaces, particularly for electronic devices with small screens like mobile telephones to allow a user to more quickly access desired data stored in, and functions of...

Maxlinear, Inc. v. CF Crespe LLC  
Date: January 25, 2018
Docket Number: 17-1039

Justia Opinion Summary: Crespe’s 585 patent “relates to a broadband television signal receiver for receiving multi-standard analog television signals, digital television signals and data channels.” A television receiver takes incoming televisio...

Arthrex, Inc. v. Smith & Nephew, Inc.  
Date: January 24, 2018
Docket Number: 17-1239

Justia Opinion Summary: In an inter partes review proceeding (IPR), Arthrex disclaimed all the subject claims before the Patent and Appeal Board issued an institution decision. The Board entered an adverse judgment. The Federal Circuit affirmed...

AgustaWestland North America v. United States  
Date: January 23, 2018
Docket Number: 17-1082

Justia Opinion Summary: The Court of Federal Claims enjoined the U.S. Army from proceeding with, or awarding, a contract to Airbus Helicopter, finding that Army Execution Order 109-14, which implemented the Army’s Aviation Restructure Initiativ...

In re: Janssen Biotech, Inc.  
Date: January 23, 2018
Docket Number: 17-1257

Justia Opinion Summary: The Patent Trial and Appeal Board, in an ex parte reexamination of Janssen’s 471 patent, affirmed the rejection of claims 1–7 as unpatentable under the doctrine of obviousness-type double patenting, which is intended to...

Glycine & More, Inc. v. United States  
Date: January 23, 2018
Docket Number: 17-1312

Justia Opinion Summary: A U.S. Department of Commerce regulation states: “The Secretary will rescind an administrative review ... if a party that requested a review withdraws the request within 90 days of the date of publication of notice ... T...

GOOGLE LLC v. NETWORK-1 TECHNOLOGIES, INC.
Date: January 23, 2018
Docket Number: 17-1379
Changzhou Trina Solar Energy Co., Ltd. v. International Trade Commission  
Date: January 22, 2018
Docket Number: 16-1053

Justia Opinion Summary: SolarWorld sought imposition of antidumping duties under 19 U.S.C. 1673–1673h and countervailing duties under 19 U.S.C. 1671– 1671h on crystalline silicon photovoltaic cells, modules, laminates, and panels (CSPV products...

CLICK-TO-CALL TECHNOLOGIES v. ORACLE CORP.
Date: January 19, 2018
Docket Number: 15-1242
Flexuspine, Inc. v. Gobus Medical, Inc.  
Date: January 19, 2018
Docket Number: 17-1188

Justia Opinion Summary: Flexuspine sued Globus for infringement. Globus asserted noninfringement and invalidity. After Inter Partes Review and claim construction, the court dismissed several claims and counterclaims and granted Globus summary j...

IN RE: PROBOKNOW, LLC
Date: January 19, 2018
Docket Number: 17-1217
CAP EXPORT, LLC v. ZINUS, INC.
Date: January 18, 2018
Docket Number: 17-1540
Securiforce International America, LLC v. United States  
Date: January 17, 2018
Docket Number: 16-2589

Justia Opinion Summary: Securiforce entered into a requirements contract with the government to deliver fuel to eight sites in Iraq. The government terminated the contract for convenience with respect to two sites because Securiforce intended t...

IN RE: THERESA
Date: January 17, 2018
Docket Number: 17-1920
DEFLANDERS v. SHULKIN
Date: January 17, 2018
Docket Number: 17-2468
PARALLEL NETWORKS, LLC v. SG INTERACTIVE INC.
Date: January 16, 2018
Docket Number: 16-2741
ERWIN v. ARMY
Date: January 16, 2018
Docket Number: 17-1137
BCE, INC. v. SHULKIN
Date: January 16, 2018
Docket Number: 17-1171
TINNUS ENTERPRISES, LLC v. TELEBRANDS CORPORATION
Date: January 16, 2018
Docket Number: 17-1175
IN RE: TSUI
Date: January 16, 2018
Docket Number: 17-1204
O'DIAH v. US
Date: January 16, 2018
Docket Number: 17-1227
OPENTV, INC. v. MATAL
Date: January 16, 2018
Docket Number: 17-1250
KNAUF INSULATION, INC. v. JOHNS MANVILLE CORPORATION
Date: January 16, 2018
Docket Number: 17-1433
ZOOMESSENCE, INC. v. MATAL
Date: January 16, 2018
Docket Number: 17-1581
VETERANS ELECTRIC, LLC v. US
Date: January 16, 2018
Docket Number: 17-1655
TINNUS ENTERPRISES, LLC v. TELEBRANDS CORPORATION
Date: January 16, 2018
Docket Number: 17-2194
LIQWD, INC. v. L'OREAL USA, INC.
Date: January 16, 2018
Docket Number: 17-2295
PIOTROWSKI v. US
Date: January 12, 2018
Docket Number: 15-5098
Exmark Manufacturing Co., Inc. v. Briggs & Stratton Power Group, LLC  
Date: January 12, 2018
Docket Number: 16-2197

Justia Opinion Summary: Exmark sued Briggs & Stratton for infringement of a patent directed to a lawn mower having improved flow control baffles. .The court entered summary judgment that claim 1 was not invalid because the claim survived multip...

IN RE: MOSA BOUTIQUE, LLC
Date: January 12, 2018
Docket Number: 17-1129
SAP AMERICA, INC. v. WELLOGIX, INC.
Date: January 12, 2018
Docket Number: 17-1176
IN RE: DAI
Date: January 12, 2018
Docket Number: 17-1436
CONTINENTAL SERVICE GROUP INC. v. US
Date: January 12, 2018
Docket Number: 17-2155
MAXBERRY v. US
Date: January 12, 2018
Docket Number: 17-2271
CONTINENTAL SERVICE GROUP INC. v. US
Date: January 12, 2018
Docket Number: 17-2391
JOHNSON v. US
Date: January 12, 2018
Docket Number: 17-2569
BROWN v. SHULKIN
Date: January 12, 2018
Docket Number: 18-1072
Advanced Video Technologies, LLC v. HTC Corp.  
Date: January 11, 2018
Docket Number: 16-2309

Justia Opinion Summary: The patent, entitled “Full Duplex Single Clip Video Codec” lists co-inventors, Woo, Li, and Hsiun, and was created while they were Infochips employees. Infochips’ “receivables,” pledged as security, were seized by LM whe...

HONEYWELL INTERNATIONAL INC. v. FUJIFILM CORPORATION
Date: January 11, 2018
Docket Number: 17-1070
MOBILE TELECOMMUNICATIONS v. UNITED PARCEL SERVICE, INC.
Date: January 11, 2018
Docket Number: 17-1254
RQ SQUARED, LLC v. US
Date: January 11, 2018
Docket Number: 17-1632
Finjan, Inc. v. Blue Coat Systems, Inc.  
Date: January 10, 2018
Docket Number: 16-2520

Justia Opinion Summary: Finjan sued Blue Coat for infringement of patents directed to identifying and protecting against malware. Certain claims recite a system and method for providing computer security by attaching a security profile to a dow...

QUEEN'S UNIVERSITY AT KINGSTON v. SAMSUNG ELECTRONICS CO., LTD.
Date: January 10, 2018
Docket Number: 16-2723
MYA SARAY, LLC v. DABES
Date: January 10, 2018
Docket Number: 17-1044
ZKEY INVESTMENTS, LLC v. FACEBOOK, INC.
Date: January 10, 2018
Docket Number: 17-1429
YORK TELECOM CORPORATION v. US
Date: January 10, 2018
Docket Number: 17-1598
DOUGLAS P. FLEMING, LLC v. SECRETARY OF VETERANS AFFAIRS
Date: January 9, 2018
Docket Number: 17-1515
ALEXSAM, INC. v. WILDCARD SYSTEMS, INC.
Date: January 9, 2018
Docket Number: 17-1682
Wi-Fi One, LLC v. Broadcom Corp.  
Date: January 8, 2018
Docket Number: 15-1944

Justia Opinion Summary: The 215 patent is directed to improving the efficiency by which messages are sent from a receiver to a sender in a telecommunications system to advise the sender that errors occurred in a particular message. In inter par...

United States Capitol Police v. Office of Compliance  
Date: January 8, 2018
Docket Number: 16-2712

Justia Opinion Summary: The Directors of the Office of Compliance affirmed a finding that the U.S. Capitol Police (USCP) engaged in unfair labor practices when it issued Officer Konczos a Command Discipline Warning in response to Konczos’s prot...

Monsanto Technology LLC v. E.I. DuPont de Nemours  
Date: January 5, 2018
Docket Number: 17-1032

Justia Opinion Summary: Monsanto’s patent, titled “Soybean Seed and Oil Compositions and Methods of Making Same,” claims a two-step process for crossing (mating) two parent soybean lines to produce soybean seeds with a modified fatty acid profi...

Pleasure-Way Industries, Inc. v. United States  
Date: January 5, 2018
Docket Number: 17-1190

Justia Opinion Summary: Pleasure-Way, manufactures and sells Class B motorhomes. In 2008-2009, having bought 144 DaimlerChrysler AG “Sprinter” vans in the U.S., Pleasure-Way exported them to its facility in Canada, where it converted them into...

EVERLIGHT ELECTRONICS CO., LTD v. NICHIA CORPORATION
Date: January 4, 2018
Docket Number: 16-1577
Capella Sales & Services Ltd. v. United States  
Date: January 4, 2018
Docket Number: 16-2649

Justia Opinion Summary: The Commerce Department can impose countervailing duties (CVDs) on imported goods if it “determines that the government of a country . . . is providing, directly or indirectly, a countervailable subsidy with respect to”...

APTALIS PHARMATECH, INC. v. APOTEX INC.
Date: January 4, 2018
Docket Number: 17-1344
Alpine PCS, Inc. v. United States  
Date: January 2, 2018
Docket Number: 17-1029

Justia Opinion Summary: In 1996, the Federal Communications Commission awarded spectrum licenses to Alpine, for use in the provision of wireless telecommunications services. Alpine bid approximately $8.9 million for one license and $17.3 millio...

ALLERGAN SALES, LLC v. SANDOZ, INC.
Date: January 2, 2018
Docket Number: 17-1499