2018 Federal Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 761
Date: December 28, 2018
Docket Number: 17-2465
Justia Opinion Summary: Marco Guldenaar filed the provisional application from which the 196 patent application claims priority in 2010. The 196 patent application, entitled “Casino Game and a Set of Six-Face Cubic Colored Dice,” relates to…
Date: December 28, 2018
Docket Number: 17-2584
Justia Opinion Summary: Following a positive drug test, DHS removed Hansen from his position as an Information Technology Specialist for U.S. Customs and Border Protection. After failing the drug test, Hansen had submitted a letter to the…
Date: December 20, 2018
Docket Number: 17-2218
Date: December 20, 2018
Docket Number: 18-1407
Date: December 17, 2018
Docket Number: 18-1102
Date: December 14, 2018
Docket Number: 18-1276
Justia Opinion Summary: Spineology’s patent describes an “expandable reamer” for use in orthopedic surgery. Wright manufactures a reamer known as the X-REAM®. In 2015, Spineology sued Wright, alleging the X-REAM® infringes its patent. The…
Date: December 12, 2018
Docket Number: 18-1241
Date: December 12, 2018
Docket Number: 18-1373
Justia Opinion Summary: In 2012 the Department of Commerce issued an antidumping duty order, covering Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China. In 2014, Commerce…
Date: December 11, 2018
Docket Number: 17-2418
Justia Opinion Summary: Hansen served in the Army National Guard for six years, which included, at the start of his service in 1959, 182 days of active duty for training. Hansen died from amyotrophic lateral sclerosis (ALS) in 1998. In 2009,…
Date: December 10, 2018
Docket Number: 17-2471
Date: December 10, 2018
Docket Number: 17-2490
Justia Opinion Summary: In December 2015, Apple filed two petitions for inter partes review of the 696 patent, challenging certain claims as obvious. VirnetX filed responses arguing that prior art reference RFC 2401 was not a printed…
Date: December 10, 2018
Docket Number: 18-1209
Date: December 10, 2018
Docket Number: 18-1937
Date: December 7, 2018
Docket Number: 16-2700
Justia Opinion Summary: PET, a Texas LLC registered to do business throughout Texas, has its registered address in Plano, which is in the Eastern District of Texas. The Banks all have their principal offices or branches or customers in the…
Date: December 7, 2018
Docket Number: 17-2173
Justia Opinion Summary: When the patent owner filed for the 772 patent, the law defined the patent term as 17 years from the date the patent issued. The law was later amended to define the patent term as expiring 20 years from the patent’s…
Date: December 7, 2018
Docket Number: 17-2284
Justia Opinion Summary: Ezra filed an Abbreviated New Drug Application (ANDA) for a generic version of Novartis’s multiple sclerosis drug, Gilenya®. Novartis sued for infringement, asserting the 229 patent. Because the 229 patent was filed…
Date: December 7, 2018
Docket Number: 17-2445
Justia Opinion Summary: Laerdal, which manufactures and distributes medical devices, filed a complaint at the International Trade Commission asserting violations of 19 U.S.C. 1337 by infringement of Laerdal’s patents, trademarks, trade dress,…
Date: December 4, 2018
Docket Number: 18-1511
Date: December 4, 2018
Docket Number: 18-1813
Date: December 3, 2018
Docket Number: 15-3173
Date: November 30, 2018
Docket Number: 17-2247
Date: November 29, 2018
Docket Number: 17-2424
Date: November 29, 2018
Docket Number: 18-1121
Justia Opinion Summary: Maxchief has its principal place of business in China and distributes one of the plastic tables it manufactures (UT-18) exclusively through Meco, which is located in Tennessee. Meco sells the UT-18 tables to retailers.…
Date: November 26, 2018
Docket Number: 17-1468
Justia Opinion Summary: Saint Louis Brewery (SLB), a craft brewery founded in 1989 by Thomas Schlafly and Daniel Kopman, began selling beer with the SCHLAFLY logo in 1991 and asserts that it “has continuously sold beer under its SCHLAFLY…
Date: November 20, 2018
Docket Number: 17-2456
Date: November 20, 2018
Docket Number: 17-2557
Date: November 20, 2018
Docket Number: 18-1410
Date: November 20, 2018
Docket Number: 18-2167
Date: November 19, 2018
Docket Number: 16-2599
Justia Opinion Summary: Seoul's asserted patents are directed to methods of backlighting display panels, particularly LED displays used in televisions, laptop computers, and other electronics. The 209 patent teaches, “uniform illumination is…
Date: November 19, 2018
Docket Number: 16-2636
Justia Opinion Summary: The Court of Federal Claims held that the government effected a physical taking of a 10-acre peninsula on the island of Culebra in Puerto Rico, when the Fish and Wildlife Service faxed its claim of ownership to a gun…
Date: November 16, 2018
Docket Number: 18-1274
Justia Opinion Summary: The patent, entitled “Rinseable splash shield and method of use,” discloses a vessel for containing contents to be mixed that is positioned in a mixing machine and a splash shield that is positioned to shield the opening…
Date: November 16, 2018
Docket Number: 18-1404
Justia Opinion Summary: Ancora’s 941 patent, entitled “Method of Restricting Software Operation Within a License Limitation,” describes and claims methods of limiting a computer’s running of software not authorized for that computer to run. It…
Date: November 15, 2018
Docket Number: 17-2538
Justia Opinion Summary: Kerr was employed by the federal agency since 1980. Following adverse personnel actions, Kerr alleged sex and religious discrimination and retaliation before the agency’s Equal Employment Opportunity office. Kerr…
Date: November 15, 2018
Docket Number: 18-1152
Justia Opinion Summary: Around 1959, the company started doing business as Omaha Steaks. It has multiple trademark registrations that include the words “Omaha Steaks" and spent over $50 million in 2012 and 2013, on domestic advertising of its…
Date: November 14, 2018
Docket Number: 17-1637
Justia Opinion Summary: Plaintiff’s asserted RE940 patent, a reissue of its 805 patent, relates to boron steel sheets with an aluminum-based coating that, when hot-stamped, become highly mechanically resistant. In 2010, plaintiff sued AK Steel…
Date: November 14, 2018
Docket Number: 18-157
Justia Opinion Summary: Plaintiffs sued Oath in the Eastern District of New York, alleging patent infringement. Oath conducts business in New York, but is incorporated in Delaware; it does not have “a regular and established place of business”…
Date: November 13, 2018
Docket Number: 17-2181
Justia Opinion Summary: Cook served on active duty in the Navy, 1972-1973. Cook’s service records indicate that he experienced back pain. In 2000, Cook sought service connection for back problems and later filed a claim for total disability…
Date: November 13, 2018
Docket Number: 17-2231
Justia Opinion Summary: The Customs and Border Patrol (CBP) Discipline Review Board sent Boss a proposed 30-day suspension based on disciplinary infraction charges: failure to follow a policy related to overtime sheets, failure to follow…
Date: November 13, 2018
Docket Number: 17-2252
Justia Opinion Summary: Sihota worked for the IRS for over 25 years. A 2011 IRS audit determined that, in 2003, Sihota reported a loss based on her purported ownership of NKRS, which was actually owned by Sihota’s son. The parties reached a…
Date: November 13, 2018
Docket Number: 17-2446
Justia Opinion Summary: Siler was an EPA Special Agent, conducting criminal investigations, 1997-2016. Siler also operated a personal business, selling military collectibles. Siler failed to report that business, as required, used his…
Date: November 13, 2018
Docket Number: 18-1093
Date: November 9, 2018
Docket Number: 17-1525
Justia Opinion Summary: Cisco’s 597 patent, titled “Method and Apparatus for Securing a Communications Device using a Logging Module,” relates generally to ensuring network device security by using a logging module with restricted…
Date: November 9, 2018
Docket Number: 17-2360
Justia Opinion Summary: Ford sued to recover interest payments that it alleges the government owes on Ford’s past tax overpayments. Ford can only recover this interest if it and its Foreign Sales Corporation subsidiary were the “same taxpayer”…
Date: November 6, 2018
Docket Number: 17-2061
Justia Opinion Summary: The Congressional Accountability Act (CAA) conferred rights and protections to employees of the legislative branch, modeled after and incorporating executive branch labor and employment statutes. CAA section 1351 gives…
Date: November 6, 2018
Docket Number: 17-2084
Justia Opinion Summary: The patents at issue are directed to a broadcast technique in which a broadcast channel overlays a point-to-point communications network. The communications network consists of a graph of point-to-point connections…
Date: November 6, 2018
Docket Number: 18-1502
Justia Opinion Summary: The Capitol Police and the Union were negotiating a new collective bargaining agreement. The Police notified the Union of planned changes to its personnel policies. The Union responded with its own proposals. The Police…
Date: November 5, 2018
Docket Number: 17-2254
Justia Opinion Summary: K-Con and the Army entered into two contracts for pre-engineered metal buildings. K-Con claims that the Army subsequently delayed issuance of a notice to proceed for two years, resulting in $116,336.56 in increases in…
Date: November 5, 2018
Docket Number: 18-1038
Justia Opinion Summary: Garcia served in the Army from 1952-1954. The military’s records of his medical treatment during service were among those destroyed in a fire in 1973 at the National Personnel Records Center in St. Louis. The record of…
Date: November 1, 2018
Docket Number: 17-1402
Justia Opinion Summary: Sunoco blends ethanol with gasoline to create alcohol fuel mixtures. Sunoco filed consolidated tax returns, 2004-2009, claiming the Mixture Credit under 26 U.S.C. 6426 as a credit against its gasoline excise tax…
Date: October 31, 2018
Docket Number: 17-2277
Justia Opinion Summary: Plaintiffs, retired or separated from their VA positions in 1993-1999, with accrued but unused leave. The Lump Sum Pay Act (LSPA), 5 U.S.C. 5551-5552, provides that an employee “who is separated from the service . . . is…
Date: October 30, 2018
Docket Number: 16-2497
Justia Opinion Summary: The 753 trademark, issued to Converse in 2013, describes the trade-dress configuration of three design elements on the midsole of Converse’s All Star shoes. Converse filed a complaint with the International Trade…
Date: October 26, 2018
Docket Number: 17-2637
Date: October 18, 2018
Docket Number: 18-1141
Date: October 17, 2018
Docket Number: 17-1916
Justia Opinion Summary: At issue were legal questions concerning the meaning of a regulation and the scope of the Board of Veterans’ Appeals’ remedial obligations under U.S. Code Title 38 and the Federal Circuit’s previous decision in Pirkl v.…
Date: October 17, 2018
Docket Numbers: 2017-2379, 2017-2512
Justia Opinion Summary: At issue in this case was the relative priority of statutes and regulations governing the procurement process for the Department of Veterans Affairs (VA). The Federal Circuit affirmed the decision of the United States…
Date: October 12, 2018
Docket Number: 17-1575
Justia Opinion Summary: The Federal Circuit affirmed the decision of the United States District Court of the District of Delaware invalidating all asserted claims of patents directed to COPAXONE® 40mg/mL, holding that the district court…
Date: October 12, 2018
Docket Number: 17-1594
Justia Opinion Summary: The Federal Circuit affirmed the final written decisions of the Patent Trial and Appeal Board finding the claims of U.S. Patent Nos. 8,232,250, 8,399,413, and 8,969,302 unpatentable as obvious in three inter partes…
Date: October 9, 2018
Docket Number: 17-1135
Justia Opinion Summary: The district court entered judgment on the pleadings, finding the Tab Patents, titled “System and Methods for Improved Spreadsheet Interface With User-Familiar Objects,” patent-ineligible under 35 U.S.C. 101, as directed…
Date: October 9, 2018
Docket Number: 17-1690
Justia Opinion Summary: Roche’s 723 patent, titled “Detection of a Genetic Locus Encoding Resistance to Rifampin in Microbacterial Cultures and in Clinical Specimens,” is directed to methods for detecting the pathogenic bacterium Mycobacterium…
Date: October 5, 2018
Docket Number: 17-2516
Justia Opinion Summary: After the Army awarded a contract for computer hardware to Appellees, including Dell, Blue Tech, and Red River, 21 unsuccessful bidders filed protests, claiming the Army’s evaluations were unreasonable because the…
Date: October 4, 2018
Docket Number: 17-1959
Justia Opinion Summary: Real Foods sought registration of two marks: “CORN THINS,” for “crispbread slices predominantly of corn, namely popped corn cakes”; and “RICE THINS,” for “crispbread slices primarily made of rice, namely rice cakes.”…
Date: October 4, 2018
Docket Number: 17-1968
Justia Opinion Summary: Robinson served in the Marine Corps in the 1960s, with a deployment in Vietnam. He subsequently experienced heart problems. In 20016, Robinson saw his VA cardiologist, Dr. Sadoughian, who recommended diagnostic testing,…
Date: October 1, 2018
Docket Number: 17-1962
Justia Opinion Summary: In 1997-2011, NAI filed eight patent applications. In each continuing application, NAI included a statement (35 U.S.C. 120) claiming priority to the filing date of the first application, which issued in 1999, as the 596…
Date: September 28, 2018
Docket Number: 17-1555
Justia Opinion Summary: The district court dismissed Bennett’s infringement complaint, served on Atlanta Gas in July 2012, without prejudice. In February 2015, Atlanta Gas sought Inter Partes Review (IPR). Bennett cited 35 U.S.C. 315(b), which…
Date: September 28, 2018
Docket Number: 17-1971
Justia Opinion Summary: Cousin served in the Army, 1951-1953. His entrance examination showed normal findings as to his back. In service, he injured his back while lifting cans; a month later, he complained of back pain. He was diagnosed with a…
Date: September 28, 2018
Docket Number: 17-2265
Justia Opinion Summary: WARF sued Apple for infringement of the 752 patent, which relates to how computer processors execute a computer program’s instructions. The patent, which expired in December 2016, describes a specific prediction…
Date: September 28, 2018
Docket Number: 17-2414
Justia Opinion Summary: AlphaCap, a non-capitalized non-practicing entity, hired Gutride on a contingency basis and sued 10 internet crowdfunding companies for patent infringement. Nine defendants settled for less than $50,000 each, leaving…
Date: September 24, 2018
Docket Number: 17-1722
Justia Opinion Summary: Hyatt is the named inventor on more than 70 patents and approximately 400 pending applications, all filed before June 1995. With numerous amendments, those pending applications contained approximately 115,000 total…
Date: September 20, 2018
Docket Number: 17-2297
Date: September 19, 2018
Docket Number: 18-1101
Justia Opinion Summary: The VA and Department of Defense (DoD) committed to developing an integrated electronic health records (EHR) system to replace their separate systems but abandoned that plan. DoD replaced its system with a…
Date: September 17, 2018
Docket Number: 17-1977
Justia Opinion Summary: Synvina’s 921 patent is directed to a method of oxidizing 5-hydroxymethylfurfural (HMF), or an HMF derivative, under specified reaction conditions to form 2,5-furan dicarboxylic acid (FDCA). DuPont and Synvina are…
Date: September 17, 2018
Docket Number: 18-1136
Date: September 13, 2018
Docket Number: 17-1465
Justia Opinion Summary: Palantir filed a pre-award bid protest, challenging the Army’s solicitation for Distributed Common Ground System-Army Increment 2 (DCGS-A2), the Army’s primary system for processing and disseminating multisensor…
Date: September 13, 2018
Docket Number: 17-2012
Justia Opinion Summary: ParkerVision’s 940 patent, titled “Method and System for Frequency Up-Conversion” relates to telecommunications devices, such as cellular phones, in which low-frequency electromagnetic signals are “up-converted” to…
Date: September 13, 2018
Docket Number: 17-2256
Justia Opinion Summary: Nobel’s 977 patent, directed to dental implants, explains that a “feature of the invention” is that “the coronally tapered aspect [of the implant] is designed to allow elastic expansion of the bone while inserting the…
Date: September 10, 2018
Docket Number: 17-1333
Justia Opinion Summary: Orexo’s 330 Patent, entitled “Abuse-Resistant Pharmaceutical Composition for the Treatment of Opioid Dependence,” claims a product having the brand name Zubsolv®, approved by the FDA for treatment of opioid dependence.…
Date: September 10, 2018
Docket Number: 17-1665
Justia Opinion Summary: Samsung filed a petition to institute an inter partes review of certain claims of IXI’s 033 patent, titled “System, Device And Computer Readable Medium For Providing A Managed Wireless Network Using Short-Range Radio…
Date: September 10, 2018
Docket Number: 17-1792
Justia Opinion Summary: Miller served in the government's military and civilian sectors before retiring. Because he became an “employee” before October 1982, Miller’s credit for military service can count toward the calculation of his civil…
Date: September 10, 2018
Docket Number: 17-1907
Justia Opinion Summary: The Patent Trial and Appeal Board determined there was no interference-in-fact between UC’s Application No. 13/842,859, and the claims of 12 patents and one application owned by Broad. The involved claims relate to the…
Date: September 10, 2018
Docket Number: 17-2078
Justia Opinion Summary: Acorda’s patents claim the administration of a medication containing the active ingredient 4- aminopyridine (4-AP) to improve walking in individuals with multiple sclerosis. Acorda holds an FDA-approved New Drug…
Date: September 10, 2018
Docket Number: 17-2361
Justia Opinion Summary: DACo, a sports specialty shop, sells souvenirs and apparel associated with Detroit professional sports teams. Since at least 2004, DACo has used the DETROIT ATHLETIC CO. mark in connection with its retail services. In…
Date: September 7, 2018
Docket Number: 17-1481
Justia Opinion Summary: Worlds’s patents relate to the computer-generated display of avatars in a virtual world, including methods to determine which avatars are displayed in a given situation. In 2012, Worlds asserted infringement against…
Date: September 7, 2018
Docket Number: 17-1845
Justia Opinion Summary: Pay for doctors employed at VA hospitals, consisting of base pay, market pay, and performance pay is governed by 38 U.S.C. 7431. A pay panel meets at least every two years to determine market compensation for an…
Date: September 6, 2018
Docket Number: 17-2513
Date: September 4, 2018
Docket Number: 17-2434
Justia Opinion Summary: IV’s 248 patent describes “an application-aware resource allocator” that allocates bandwidth resources to transmit information from software applications over a packet-switched network. The patent explains that quality…
Date: August 27, 2018
Docket Number: 17-1521
Justia Opinion Summary: The patent, which expired in 2015, is entitled “Optimizing packet size to eliminate effects of reception nulls,” and is directed to increasing the reliability of a wireless communications system when a wireless receiver…
Date: August 27, 2018
Docket Number: 18-1688
Justia Opinion Summary: Diamond Hong petitioned for cancellation of Cai’s mark, “WU DANG TAI CHI GREEN TEA,” based on a likelihood of confusion with its registered TAI CHI mark. The U.S. Patent and Trademark Office’s Trademark Trial and Appeal…
Date: August 24, 2018
Docket Number: 17-2275
Justia Opinion Summary: Villareal began working for the Bureau of Prisons in 2007 and had no disciplinary record; all of his evaluations were rated satisfactory or higher. In 2012, while Villareal was a Senior Corrections Officer at FDC…
Date: August 20, 2018
Docket Number: 17-2037
Justia Opinion Summary: Maatita filed a design patent application, covering the design of an athletic shoe bottom, with two figures showing a plan view of the claimed shoe bottom design. As is customary, the solid lines of Figure 1 show the…
Date: August 20, 2018
Docket Number: 17-2136
Justia Opinion Summary: Scotty, born in 1979 at Madigan Army Medical Center, suffered injuries during childbirth, resulting in brain damage, cerebral palsy, seizures, and blindness, necessitating ongoing, around-the-clock care. The Shaws sued…
Date: August 20, 2018
Docket Number: 17-2266
Date: August 17, 2018
Docket Number: 17-2340
Justia Opinion Summary: The Missouri River overlies the western boundary of South Dakota's Crow Creek Indian Reservation, established in 1863. Under the Supreme Court’s 1908 “Winters” decision, the creation of a Reservation carries an implied…
Date: August 17, 2018
Docket Number: 17-2540
Justia Opinion Summary: In April 2009, E.O. visited a pediatrician for his six-month visit and received several vaccinations. That night, Mrs. Oliver found E.O. seizing in his bed and called 9-1-1. At the emergency room, E.O. presented with a…
Date: August 16, 2018
Docket Number: 15-1242
Justia Opinion Summary: In 2001, Inforocket sued Keen for infringement suit of the 836 patent. Keen brought its own infringement suit against Inforocket based on another patent, before the same judge. The court granted Inforocket summary…
Date: August 16, 2018
Docket Number: 17-1629
Justia Opinion Summary: Luminara owns three patents for making flameless candles that look and behave like real candles. At Liown’s request, the Patent Trial and Appeal Board instituted inter partes review (IPR) of 31 claims of those patents.…
Date: August 16, 2018
Docket Number: 17-2102
Justia Opinion Summary: Core sued Apple, alleging infringement of two patents concerning technology for wireless communications in a digital network. Claim 14 is directed to a mobile station, such as a mobile telephone, configured to…
Date: August 16, 2018
Docket Number: 17-2237
Justia Opinion Summary: Sigvaris imports graduated compression hosiery from three product lines. All of the product lines exert 15–20 millimeters of mercury (mmHg) of compression onto the wearer. Graduated compression hosiery “when properly…
Date: August 16, 2018
Docket Number: 17-2396
Justia Opinion Summary: In 1999, Native American farmers sued, alleging that the USDA had discriminated against them with respect to farm loans and other benefits. The court certified a class, including LaBatte, a farmer and member of the…
Date: August 16, 2018
Docket Number: 18-144
Justia Opinion Summary: PI filed four petitions with the Patent and Trademark Office under 35 U.S.C. 311(b) requesting inter partes review of the claims of three patents. The patents share a priority date of June 4, 1997. The Board denied the…
Date: August 15, 2018
Docket Number: 17-1784
Justia Opinion Summary: Eight of Rembrandt’s at-issue patents address cable modem technology; the ninth involves over-the-air signals. Rembrandt filed multiple infringement suits against dozens of cable companies, cable equipment…
Date: August 15, 2018
Docket Number: 17-1980
Justia Opinion Summary: BSG sued BuySeasons for infringement of three patents related to systems and methods for indexing information stored in wide access databases. The patents teach that the “self-evolving” aspect of the claimed invention…
Date: August 15, 2018
Docket Number: 17-2553
Justia Opinion Summary: The patent describes an ATM, capable of performing banking transactions, including “automatically depositing a bundle of cashes and cheques inserted at once” by separating deposited bundles into individual banknotes;…
Date: August 10, 2018
Docket Number: 17-1815
Justia Opinion Summary: Arthur served on active Army duty, 1940-1945, as a prisoner of war of the German government for 25 months. He was service-connected for several disabilities and had VA claims pending when he died in 2011. Winters pursued…
Date: August 7, 2018
Docket Number: 18-1034
Date: August 6, 2018
Docket Number: 18-1011
Justia Opinion Summary: Gerson imports finished decorative candle and tea light lamps made of plastic and/or wax, designed to resemble ordinary candles, but using battery-operated LEDs, and serving both decorative and illuminative functions.…
Date: August 3, 2018
Docket Number: 17-1828
Justia Opinion Summary: GKN’s patent describes a drivetrain for a four-wheel drive vehicle, consisting of primary and secondary drivetrains. The drivetrain can be switched between two-wheel drive mode and four-wheel drive mode. The claimed…
Date: August 1, 2018
Docket Number: 17-1314
Justia Opinion Summary: Advantek’s design patent covers a portable animal kennel that Advantek sells with the mark “Pet Gazebo.” Advantek sued its former manufacturer, Shanghai Walk-Long, Advantek’s former vice president, and others for patent…
Date: July 31, 2018
Docket Number: 17-1265
Justia Opinion Summary: BioDelivery filed petitions for inter partes review (IPR) of Aquestive's Patent. The Patent Trial and Appeal Board (PTAB) instituted review of fewer than all of the asserted claims based upon fewer than all asserted…
Date: July 27, 2018
Docket Number: 16-1794
Justia Opinion Summary: The 2001 patent application, directed to a method of treating cancer by administering natural killer cells, was rejected on obviousness grounds, after years of examination. The Patent and Trial Appeal Board affirmed. The…
Date: July 27, 2018
Docket Number: 17-1410
Justia Opinion Summary: The American Recovery and Reinvestment Act of 2009 provides a cash grant to entities that “place[] in service” certain renewable energy facilities. The amount is determined using the basis of the tangible personal…
Date: July 27, 2018
Docket Number: 17-1894
Justia Opinion Summary: Contour’s patents describe action sport video cameras or camcorders, configured for remote image acquisition control and viewing. The claimed device uses GPS technology and includes wireless communication capability to…
Date: July 25, 2018
Docket Number: 16-2576
Justia Opinion Summary: Light-emitting diodes (LEDs) are semiconductor devices that emit light when an electric current is applied. They provide illumination in products such as printers, phones, and televisions. LEDs typically consist of a…
Date: July 25, 2018
Docket Number: 17-1601
Justia Opinion Summary: Nash has been in the water recreational device industry for more than 50 years and designs and manufactures water skis, kneeboards, wakeboards, and similar recreational devices. ZUP entered the market in 2012 with its…
Date: July 20, 2018
Docket Number: 16-2502
Justia Opinion Summary: The patent describes an “attention manager [that] makes use of ‘unused capacity’” of a display device, by displaying content in that unused capacity; it can display content when the display device is turned on but the…
Date: July 20, 2018
Docket Number: 17-1801
Justia Opinion Summary: Horvath has been a Secret Service special agent since 2010. To compensate for his availability and overtime hours, Horvath receives a 25% enhancement to his base salary, Law Enforcement Availability Pay (LEAP), 5 U.S.C.…
Date: July 20, 2018
Docket Number: 18-1638
Justia Opinion Summary: Allergan’s Restasis Patents relate to a treatment for alleviating the symptoms of chronic dry eye. In 2015, Allergan sued, alleging infringement of the Restasis Patents based on Mylan’s filings of Abbreviated New Drug…
Date: July 18, 2018
Docket Number: 17-1695
Justia Opinion Summary: In 1942-1943, the Government contracted with the Oil Companies to purchase aviation gasoline, vital to the war effort, permitting a profit margin “between 6% and 7%.” The manufacture of avgas from crude oil uses a 98%…
Date: July 16, 2018
Docket Number: 17-1703
Justia Opinion Summary: Blackbird’s 747 patent is directed to energy-efficient lighting apparatuses. One embodiment discloses retrofitting an existing light fixture with a more energy efficient lighting apparatus. The district court entered a…
Date: July 13, 2018
Docket Number: 16-2285
Justia Opinion Summary: Tre Milano challenged the validity of claims 1–5 and 11, and did not challenge the validity of claims 6–10 and 12–15 of the 118 Patent, which covers a device that automates the curling of hair. A strand of hair is fed…
Date: July 13, 2018
Docket Number: 17-1643
Justia Opinion Summary: Plaintiffs each entered into agreements to provide services to Voice of America (VOA), a U.S. government-funded broadcast service. The agreements were a series of individual purchase order vendor (POV) contracts that…
Date: July 13, 2018
Docket Number: 17-1671
Justia Opinion Summary: The Jazz patents relate to a drug distribution system for tracking prescriptions of a “sensitive drug.” “A sensitive drug is one which can be abused, or has addiction properties or other properties that render the drug…
Date: July 13, 2018
Docket Number: 17-1719
Justia Opinion Summary: Endo holds the approved New Drug Application for Aveed®, a testosterone undecanoate intramuscular injection. Bayer owns the 640 and 395 patents listed in the Orange Book for Aveed®. Custopharm’s predecessor submitted an…
Date: July 12, 2018
Docket Number: 16-1945
Justia Opinion Summary: Raytheon produces infrared imaging equipment, including infrared cameras, which enable people to see in the dark and through obstructions such as smoke. Indigo’s founders included three former Raytheon employees. By…
Date: July 11, 2018
Docket Number: 17-2224
Justia Opinion Summary: The Inholders own patented mining and homestead claims within the Santa Fe National Forest. The 2011 Las Conchas Fire caused widespread destruction of vegetation within the forest. Forest Roads 89 and 268, which the…
Date: July 10, 2018
Docket Number: 17-1974
Justia Opinion Summary: Polara entered the accessible pedestrian signal systems (APS market) with an eight-wire system, the Navigator. Because many intersections only have two wires, installation of eight-wire systems could be difficult and…
Date: July 9, 2018
Docket Number: 16-2121
Date: July 9, 2018
Docket Number: 16-2121
Date: July 9, 2018
Docket Number: 16-2121
Date: July 9, 2018
Docket Number: 17-1698
Justia Opinion Summary: The Patent Trial and Appeal Board instituted inter partes review (IPR) over AIT’s objection that the RPX's IPR petitions were time-barred under 35 U.S.C. 315(b) because RPX was acting as a “proxy” for its client,…
Date: July 3, 2018
Docket Number: 16-2691
Justia Opinion Summary: The parties manufacture power supply controller chips--integrated circuits used in power supplies, such as chargers that transform AC electricity from an outlet into DC electricity, to power electronic devices. A…
Date: July 2, 2018
Docket Number: 18-1180
Justia Opinion Summary: Adidas sought inter partes review of Nike's 598 and 749 patents, arguing (ground 1) that each challenged claim would have been obvious based on the Reed and Nishida references and (ground 2) that each claim would have…
Date: June 29, 2018
Docket Number: 15-2021
Date: June 28, 2018
Docket Number: 17-2020
Justia Opinion Summary: Triptans are selective serotonin receptor agonists, developed in the 1980s. When Zolmitriptan became available in the U.S. in oral tablet form in 1999 under the name Zomig® it was among several triptans on the market or…
Date: June 27, 2018
Docket Number: 17-1855
Date: June 22, 2018
Docket Number: 17-2148
Justia Opinion Summary: The Claims Court entered judgment in favor of Starry on its bid protest claim, concluding that the Department of Health and Human Services acted arbitrarily and capriciously in canceling its solicitation seeking to…
Date: June 20, 2018
Docket Number: 16-2375
Justia Opinion Summary: Royal Crown (RC) and The Coca-Cola Company (TCCC) compete in the beverage market. Both companies and others distribute beverages that use ZERO as an element of their marks. When RC sought trademark protection for DIET…
Date: June 19, 2018
Docket Number: 17-1341
Justia Opinion Summary: Sirona’s 006 patent “relates to a method for producing a drill assistance device,” a drill template, “to precisely place a pilot hole for a tooth implant, wherein the pilot hole for the tooth implant is aligned relative…
Date: June 18, 2018
Docket Number: 17-2248
Justia Opinion Summary: FastShip’s patents, entitled “Monohull Fast Sealift or Semi-Planing Monohull Ship,” relate to a “fast ship whose hull design in combination with a waterjet propulsion system permits, for ships of about 25,000 to 30,000…
Date: June 15, 2018
Docket Number: 18-1718
Justia Opinion Summary: If the International Trade Commission (ITC) determines that an article is being imported into the U.S. in such increased quantities as to be a substantial cause of serious injury or the threat thereof, to the competitive…
Date: June 14, 2018
Docket Number: 17-1224
Justia Opinion Summary: A three-year “risk corridors” program described in the Patient Protection and Affordable Care Act, 42 U.S.C. 18001, implemented by the Department of Health and Human Services (HHS), was intended to promote participation…
Date: June 14, 2018
Docket Number: 17-1338
Justia Opinion Summary: The Department of Commerce published antidumping and countervailing duty orders on certain crystalline silicon photovoltaic cells imported from China (CSPV Orders). Sunpreme, a U.S. company, imports solar modules…
Date: June 14, 2018
Docket Number: 17-1933
Date: June 14, 2018
Docket Number: 17-1933
Date: June 14, 2018
Docket Number: 17-1994
Justia Opinion Summary: A three-year “risk corridors” program described in the Patient Protection and Affordable Care Act, 42 U.S.C. 18001, implemented by the Department of Health and Human Services (HHS), was intended to promote participation…
Date: June 13, 2018
Docket Number: 17-1578
Date: June 13, 2018
Docket Number: 17-2126
Date: June 12, 2018
Docket Number: 17-1984
Date: June 11, 2018
Docket Number: 17-1169
Justia Opinion Summary: Medtronic manufactures surgical systems and tools used in spinal surgeries. Spine surgeon Dr. Barry sued Medtronic for patent infringement. Medtronic then petitioned for, and the Patent Board instituted, inter partes…
Date: June 11, 2018
Docket Number: 17-1535
Justia Opinion Summary: Williams and Winns, former employees of the U.S. Postal Service, were removed from their positions and separately sought review by the Merit Systems Protection Board. The Federal Circuit affirmed the Board’s dismissal of…
Date: June 11, 2018
Docket Number: 17-1744
Date: June 11, 2018
Docket Number: 17-1873
Date: June 11, 2018
Docket Number: 17-2198
Justia Opinion Summary: The Surface and Transportation Board (STB) has regulatory authority over rail carriers, 49 U.S.C. 10501(b). A "discontinuance" allows a rail carrier to preserve a rail corridor for possible reactivation of service;…
Date: June 11, 2018
Docket Number: 17-2330
Justia Opinion Summary: Stone sued Cook in the Eastern District of Texas, alleging infringement of the 327 patent, which relates to a basket-type medical device used to remove stones from biological systems. Venue was transferred to the…
Date: June 8, 2018
Docket Number: 17-1561
Date: June 8, 2018
Docket Number: 17-1881
Date: June 8, 2018
Docket Number: 17-2399
Date: June 8, 2018
Docket Number: 17-2573
Date: June 7, 2018
Docket Number: 16-2470
Justia Opinion Summary: PGS’s patent describes and claims methods and systems for performing “marine seismic surveying” to determine the structure of earth formations below the seabed. WesternGeco, a competitor of PGS’s, filed three petitions…
Date: June 7, 2018
Docket Number: 17-1747
Justia Opinion Summary: The VA denied the veterans’ claims for service-connected disability benefits. Based on delays in their cases, they sought writs of mandamus in the Veterans Court. The Federal Circuit vacated that court’s denial of…
Date: June 7, 2018
Docket Number: 17-1762
Justia Opinion Summary: Four veterans appealed the VA's denial of their claims for service-connected disability benefits. Based on delays in their cases, they unsuccessfully sought writs of mandamus from the Veterans Court. The Federal Circuit…
Date: June 7, 2018
Docket Number: 17-1934
Date: June 6, 2018
Docket Number: 17-1228
Date: June 6, 2018
Docket Number: 17-1647
Date: June 6, 2018
Docket Number: 17-2526
Date: June 4, 2018
Docket Number: 17-1749
Justia Opinion Summary: Acree served on active duty in the Navy from 1985-1989 and 2007-2008. He was deployed to Iraq and received Seabee Combat Warfare Medals. Acree was diagnosed with post-traumatic stress disorder (PTSD) while serving in…
Date: June 4, 2018
Docket Number: 17-1944
Justia Opinion Summary: During the savings-and-loan crisis in the 1970s and 1980s, many “thrift” institutions failed. The Federal Savings and Loan Insurance Corporation, as insurer and regulator, encouraged healthy thrifts to take over failing…
Date: June 1, 2018
Docket Number: 17-1267
Justia Opinion Summary: The Zeroclick patents relate to modifications to the graphical user interfaces of devices such as computers and mobile phones, modifications that allow the interfaces to be controlled using pre-defined pointer or touch…
Date: June 1, 2018
Docket Number: 17-1486
Justia Opinion Summary: In 2010, the inventors filed the 989 Patent Application as part of the national stage of the Patent Cooperation Treaty, 35 U.S.C. 371. The application is directed to improved methods and apparatuses for “microwave…
Date: May 31, 2018
Docket Number: 16-2110
Justia Opinion Summary: Robinson, a Marine Corps veteran, served in Vietnam from 1966-1969 and later had coronary problems. He sought treatment at a VA medical facility. In 2006, a VA cardiologist recommended that he undergo certain medical…
Date: May 29, 2018
Docket Number: 16-1671
Justia Opinion Summary: IV’s patent is entitled “Method of Baseband Frequency Hopping Utilizing Time Division Multiplexed Mapping between a Radio Transceiver and Digital Signal Processing Resources.” Frequency hopping is used in wireless…
Date: May 23, 2018
Docket Number: 16-2054
Justia Opinion Summary: XY’s patents relate to the sorting of X- and Y-chromosome-bearing sperm cells, for selective breeding purposes. Trans Ova provides services related to embryo transfer and in-vitro fertilization for cattle. XY and Trans…
Date: May 23, 2018
Docket Number: 16-2610
Justia Opinion Summary: The 551 patent discloses and claims lacosamide, the active ingredient in Vimpat®, a drug that treats epilepsy and other central nervous system disorders. UCB holds New Drug Applications that cover the FDA approval of…
Date: May 23, 2018
Docket Number: 17-1117
Justia Opinion Summary: The Commerce Department's duty orders concerning aluminum extrusions from China cover “aluminum extrusions” described as "parts for final finished products that are assembled after importation.” The scope “includes the…
Date: May 22, 2018
Docket Number: 16-2657
Justia Opinion Summary: The U.S. Department of Commerce determined that certain extruded aluminum door handles for kitchen appliances that are packaged with two plastic end caps and two screws were within the scope of antidumping and…
Date: May 21, 2018
Docket Number: 17-1909
Justia Opinion Summary: D Three’s patents, issued in 2014-2015, are directed to roof mount sealing assemblies. EcoFasten’s allegedly infringing product was available to the public in June 2009. D Three claimed priority from its 2009…
Date: May 16, 2018
Docket Number: 15-2021
Date: May 16, 2018
Docket Number: 16-2616
Justia Opinion Summary: Mallinckrodt’s 112 patent is directed to methods of distributing nitric oxide gas cylinders for pharmaceutical applications. Inhaled nitric oxide is approved by the FDA for treating neonates with hypoxic respiratory…
Date: May 15, 2018
Docket Number: 17-2081
Justia Opinion Summary: InvestPic’s patent describes and claims systems and methods for performing statistical analyses of investment information. The Federal Circuit previously construed key claim terms and partly vacated the Patent Board’s…
Date: May 15, 2018
Docket Number: 18-120
Justia Opinion Summary: Diem and Express filed patent infringement suits against BigCommerce in the Eastern District of Texas. BigCommerce is incorporated in Texas and lists Austin, Texas, where it is also headquartered, as its registered…
Date: May 14, 2018
Docket Number: 16-1772
Justia Opinion Summary: M-I Drilling, a U.K. company owns five U.S. patents; M-1 LLC, a U.S. company, is an exclusive licensee of the patents, which are claimed to cover pneumatic conveyance systems installed around oil drilling rigs and used…
Date: May 14, 2018
Docket Number: 17-1947
Justia Opinion Summary: Anacor’s patent, entitled “Boron-containing Small Molecules,” is directed to the use of 1,3-dihydro-5- fluoro-1-hydroxy-2, 1-benzoxaborole, also known as tavaborole, to topically treat fungal infections that develop…
Date: May 14, 2018
Docket Number: 18-113
Justia Opinion Summary: GNC sued ZTE in the Eastern District of Texas alleging infringement of its patents. ZTE moved to dismiss for improper venue under 28 U.S.C. 1406 and 1400(b). While that motion was pending, ZTE sought transfer to the…
Date: May 11, 2018
Docket Number: 16-2475
Justia Opinion Summary: Defendants produce or sell patented drug products containing the antiviral agent tenofovir alafenamide fumarate (TAF), which is used in the treatment of AIDS. Healthcare provides medical care to persons afflicted with…
Date: May 11, 2018
Docket Number: 17-1487
Justia Opinion Summary: By 2000, Altaire was manufacturing R-phenylephrine hydrochloride products, used to dilate patients’ pupils. In 2011, Altaire and Paragon agreed to pursue FDA approval. Paragon submitted a new drug application (NDA). The…
Date: May 9, 2018
Docket Number: 17-1358
Justia Opinion Summary: Income earned by Americans typically is taxed in the U.S., regardless of where it is earned. European countries only tax income earned within their borders. To address possible “double taxation” the U.S. generally…
Date: May 9, 2018
Docket Number: 18-130
Justia Opinion Summary: Plaintiffs filed a patent infringement suit in the District of Delaware against HTC, a Taiwanese corporation with its principal place of business in Taiwan, and its wholly owned U.S. based subsidiary, HTC America, a…
Date: May 7, 2018
Docket Number: 16-2099
Justia Opinion Summary: WesternGeco’s patents are directed to technologies for controlling the movement and positioning of a series of streamers towed in an array behind a ship, emitting acoustic signals and detecting the returning signals that…
Date: May 7, 2018
Docket Number: 16-2276
Justia Opinion Summary: Plaintiffs leased part of Love Field airport from the City of Dallas and constructed a six-gate airline terminal. Plaintiffs claim that the Wright Amendment Reform Act of 2006 (WARA), 120 Stat. 2011, effected a…
Date: May 7, 2018
Docket Number: 17-1667
Justia Opinion Summary: Alimanestianu, a U.S. citizen, was killed in the 1989 bombing of Flight 772 by the Abu Nidal Organization. The State Department determined that the Libyan government sponsored the bombing. Libya was protected from suit…
Date: May 4, 2018
Docket Number: 16-1559
Justia Opinion Summary: The patent is titled “Water Heating Apparatus for Continuous Heated Water Flow and Method for Use in Hydraulic Fracturing.” The inventor, Hefley, HOTF's founder, filed the earliest provisional application in 2009; the…
Date: May 4, 2018
Docket Number: 17-1012
Justia Opinion Summary: The claims relate to methods of removing hair using nanoparticles to damage hair follicles. GHC is the named applicant on the 575 application. Sienna owns the 941 patent. In 2015, at GHC’s suggestion, the Board declared…
Date: May 3, 2018
Docket Number: 16-2527
Date: May 3, 2018
Docket Number: 17-1976
Justia Opinion Summary: VerHoef’s dog developed a walking problem called “knuckling.” Their veterinarian, Dr. Lamb, suggested trying a commercially available harness to support the leg during therapy. The harness did not fix the problem.…
Date: May 2, 2018
Docket Number: 17-2001
Justia Opinion Summary: Burris’s father served on active duty in Vietnam, 1969-1971, and was granted a permanent and total disability rating for schizophrenia effective 2000. Because of his father’s disability, Burris was eligible to receive…
Date: May 1, 2018
Docket Number: 16-2121
Justia Opinion Summary: TAOS and Intersil were both developing ambient light sensors for electronic devices. Ambient light sensors use a silicon- or other semiconductor-based photodiode that absorbs light and conducts a current. The resulting…
Date: May 1, 2018
Docket Number: 17-1483
Justia Opinion Summary: Disc’s 113 patent, entitled “Spinal Brace,” is directed to an air injectable band with a rigid panel worn around the waist. When the band is inflated it expands vertically to provide traction to the spine of the user to…
Date: April 30, 2018
Docket Number: 17-1941
Justia Opinion Summary: The VA sought bids for procurement of medical gases. Three bids were determined to be in the competitive range: RAS, Irish, and Progressive. Progressive won a bid protest in part. The Claims Court enjoined the VA from…
Date: April 26, 2018
Docket Number: 17-1869
Justia Opinion Summary: Communique’s patent, entitled “System Computer Product and Method for Providing a Private Communication Portal,” allows a remote computer to access a personal computer via the Internet, using a “location facility” to…
Date: April 25, 2018
Docket Number: 16-2302
Justia Opinion Summary: Merck's patents claim classes of compounds, identified by structural formulas, and the administration of therapeutically effective amounts of such compounds for treating Hepatitis C. Gilead developed its own Hepatitis C…
Date: April 25, 2018
Docket Number: 17-1492
Justia Opinion Summary: The Department of Commerce investigated imports of oil country tubular goods (OCTG). To make OCTG, steel is made into “green tube,” which must be finished to meet specifications for oil and gas well applications. The…
Date: April 20, 2018
Docket Number: 15-1944
Justia Opinion Summary: The 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.The patent is…
Date: April 20, 2018
Docket Number: 16-2301
Justia Opinion Summary: Saint Bernard Parish Government and other owners of real property in St. Bernard Parish or in the Lower Ninth Ward of the City of New Orleans sued under the Tucker Act, 28 U.S.C. 1491(a)(1), alleging a taking. They…
Date: April 20, 2018
Docket Number: 17-1506
Justia Opinion Summary: The patent, which lists Rieley and Muller as inventors and for which they applied for in 1997, describes the conversion of an incoming facsimile or voicemail message into a digital representation, which is then forwarded…
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