2019 Federal Circuit US Court of Appeals Case Law
Opinions 501 - 780 of 780
Date: May 13, 2019
Docket Number: 19-1156
Date: May 9, 2019
Docket Number: 18-1672
Justia Opinion Summary: Segway filed a complaint (19 U.S.C. 337) with the International Trade Commission based on infringement of six patents and two trademarks--stylized and non-stylized SEGWAY marks, which cover “motorized, self-propelled,…
Date: May 8, 2019
Docket Number: 18-1551
Justia Opinion Summary: Amgen created and commercialized two related biologic products, filgrastim (Neupogen®) and pegfilgrastim (Neulasta®), indicated for treating neutropenia, a deficiency of white blood cells. Neutropenia often results from…
Date: May 8, 2019
Docket Number: 19-1015
Justia Opinion Summary: The Department of Commerce imposed an antidumping duty on crystalline silicon photovoltaic cells, whether or not assembled into modules, from China. Commerce assigned Sumec Hardware a separate rate, 24.48%, assigning…
Date: May 6, 2019
Docket Number: 17-2143
Justia Opinion Summary: Robinson became the Associate Director of the Phoenix Veterans Administration Health Care System in 2012, having started his VA career in 1987. Robinson was aware of scheduling issues, including that it often took more…
Date: May 3, 2019
Docket Number: 18-1054
Justia Opinion Summary: The 779 Patent, entitled “Process for Preparing Morphinan-6-One Products with Low Levels of α,β-Unsaturated Ketone Compounds,” generally relates to compounds known as “morphinan alkaloids,” such as “oxymorphone,” which…
Date: May 3, 2019
Docket Number: 18-2046
Justia Opinion Summary: A.M. received a human papillomavirus vaccine in 2007. Shortly thereafter, she developed autoimmune limbic encephalitis and an intractable seizure disorder, resulting in cognitive impairment. Her mother (McCulloch) sought…
Date: May 2, 2019
Docket Number: 18-1378
Justia Opinion Summary: Kalle's sausage casings, imported from Germany, are comprised of a woven textile sheet that is coated with a layer of plastic on one side. The plastic coating is thin and “only fills the interstitial spaces between the…
Date: May 2, 2019
Docket Number: 18-1927
Justia Opinion Summary: Under the Medicare administrative contractor (MAC) program, 42 U.S.C. 1395kk1, the Centers for Medicare & Medicaid Services (CMS) use contractors to administer Medicare claims and benefits. CMS must use competitive…
Date: May 1, 2019
Docket Number: 18-1247
Justia Opinion Summary: Amarin markets Vascepa®, a prescription drug consisting of eicosapentaenoic acid in ethyl ester form, synthetically produced from fish oil, intended to reduce triglyceride levels in adult patients with severe…
Date: May 1, 2019
Docket Number: 18-1657
Justia Opinion Summary: ThermoLife, the exclusive licensee of four Stanford University patents, claiming methods and compositions involving the amino acids arginine and lysine, to be ingested to enhance vascular function and physical…
Date: April 30, 2019
Docket Number: 17-2323
Justia Opinion Summary: TT’s patent “relates to displaying market information on a screen.” According to the specification, “traders are often interested in analyzing other pieces of highly relevant information that are not normally provided…
Date: April 29, 2019
Docket Number: 18-1305
Justia Opinion Summary: Rubies imports and sells traditional Christmas Santa Claus costumes, including the “Premier Plush 9 Piece Santa Suit,” which consists of a jacket, pants, gloves, a toy sack, a beard, a wig, a hat, a belt, and shoe…
Date: April 29, 2019
Docket Number: 18-1829
Date: April 26, 2019
Docket Number: 18-1257
Justia Opinion Summary: Eli Lilly’s patent relates to administering folic acid and a methylmalonic acid (MMA) lowering agent, such as vitamin B12, before administering pemetrexed disodium, a chemotherapy agent, in order to reduce the toxic…
Date: April 26, 2019
Docket Number: 18-1698
Justia Opinion Summary: The Virgin Islands is a U.S. territory that can set and receive proceeds from duties, Virgin Islands Port Authority (VIPA) is authorized to “determine, fix, alter, charge, and collect reasonable rates, fees, rentals,…
Date: April 25, 2019
Docket Number: 18-1788
Justia Opinion Summary: In 2005, the Ginsburgs, through their corporation (Hawthorne), acquired Brooklyn property and applied to participate in the Brownfield Cleanup Program. The New York State Department of Environmental Conservation (DEC)…
Date: April 23, 2019
Docket Number: 18-1486
Justia Opinion Summary: Sucic served on active duty 1973-1979 and 1982-1984. In 2007, he was granted service connection for post-traumatic stress disorder (PTSD), effective January 2003. In 2008, Sucic requested an effective date of June 1992.…
Date: April 19, 2019
Docket Number: 18-1208
Justia Opinion Summary: VersaTop and Georgia Expo are competitors in the “drape and rod” industry. Both produce and sell systems of modular rod and pole structures, for assembly to form sectional spaces such as trade show booths and other…
Date: April 19, 2019
Docket Number: 18-1322
Date: April 19, 2019
Docket Number: 18-1550
Date: April 19, 2019
Docket Number: 18-2075
Date: April 18, 2019
Docket Number: 17-2257
Justia Opinion Summary: TT’s patents relate to a graphical user interface for electronic trading. The 056 and 999 patents, which share a specification, disclose “a user interface for an electronic trading system that allows a remote trader to…
Date: April 18, 2019
Docket Number: 18-1724
Date: April 17, 2019
Docket Number: 17-2575
Justia Opinion Summary: DuPont’s 926 patent, entitled “Composite Flame Barrier Laminate for a Thermal and Acoustic Insulation Blanket,” issued in December 2013 and claims composite laminates that are incorporated into thermal-acoustic blankets…
Date: April 17, 2019
Docket Number: 18-1710
Date: April 15, 2019
Docket Number: 18-1535
Justia Opinion Summary: While serving in the Navy, Scott developed a bilateral foot disability caused by prolonged standing. In 1973, the VA Regional Office (RO) awarded Scott service connection for bilateral pes planus (flatfoot) and granted…
Date: April 11, 2019
Docket Number: 16-2222
Justia Opinion Summary: On inter partes review of ATI’s “Unified Shader Patents,” LGE cited multiple prior references. A “shader” as used in this field is a computer-implemented system that specifies how a computer-graphics three-dimensional…
Date: April 10, 2019
Docket Number: 18-1077
Justia Opinion Summary: Siny sought to register the mark CASALANA in standard characters for “Knit pile fabric made with wool for use as a textile in the manufacture of outerwear, gloves, apparel, and accessories” based on use in commerce under…
Date: April 9, 2019
Docket Number: 18-1215
Justia Opinion Summary: Irwin imported several styles of hand tools, including straight jaw locking pliers, large jaw locking pliers, curved jaw locking pliers with and without wire cutters, and long nose locking pliers with wire cutters. U.S.…
Date: April 8, 2019
Docket Number: 18-1309
Justia Opinion Summary: Omega sued CalAmp for infringement of patents that generally relate to multi-vehicle compatible systems that can remotely control various vehicle functions (for example, remote vehicle starting), and read the status of…
Date: April 5, 2019
Docket Number: 18-1300
Justia Opinion Summary: The Court of International Trade sustained the remand determination of the Department of Commerce in the first administrative review of the antidumping duty order on large power transformers from Korea. The Federal…
Date: April 2, 2019
Docket Number: 18-1409
Justia Opinion Summary: Montano, a service-disabled veteran, owns 51% of VCG, which qualified as a service-disabled-veteran-owned small business (SDVOSB) under the VA system, 38 U.S.C. 8127(e)–(f), and appeared on the VetBiz database as…
Date: April 1, 2019
Docket Number: 18-1218
Date: March 29, 2019
Docket Number: 17-2507
Justia Opinion Summary: SSI is an original equipment manufacturer (OEM): a manufacturer who resells another company’s products under its own name and branding. TEK sells tire repair kits to various OEMs and owns the 110 patent, which is…
Date: March 29, 2019
Docket Number: 18-1888
Justia Opinion Summary: Hamilton had been employed by the EEOC for 20 years, with no disciplinary problems, until one day in 2016, when, while engaged in mediation, he suddenly began using racial epithets, engaging in physical violence, and…
Date: March 28, 2019
Docket Number: 17-1153
Justia Opinion Summary: The patents at issue are listed in the FDA’s Approved Drug Products with Therapeutic Equivalence Evaluations (Orange Book) for NUCYNTA® ER (extended release), a tapentadol hydrochloride tablet. The 364 patent is directed…
Date: March 28, 2019
Docket Number: 17-1240
Justia Opinion Summary: Endo’s patent, entitled “Method of treating pain utilizing controlled release oxymorphone pharmaceutical compositions and instruction on dosing for renal impairment,” covers a method of using oxymorphone to treat pain in…
Date: March 28, 2019
Docket Number: 18-1739
Justia Opinion Summary: ChargePoint’s patents pertain to charging stations for electric vehicles. At the time the patent application was filed, the charging process “typically require[d] hours and [was] often done overnight or while the…
Date: March 28, 2019
Docket Number: 18-1745
Date: March 27, 2019
Docket Number: 18-1358
Date: March 26, 2019
Docket Number: 18-1520
Justia Opinion Summary: Arctic’s patents, both titled “Power Distribution Module for Personal Recreational Vehicle,” describe an assertedly inventive electrical-connection box having an array of receptacle openings that allow wires to be…
Date: March 20, 2019
Docket Number: 17-2223
Justia Opinion Summary: While the interconnectivity of computer networks facilitates access for authorized users, it also increases a network’s susceptibility to attacks from hackers, malware, and other security threats. Some of these security…
Date: March 19, 2019
Docket Number: 17-1688
Date: March 18, 2019
Docket Number: 17-2247
Date: March 18, 2019
Docket Number: 18-1553
Justia Opinion Summary: The Commerce Department issued antidumping and countervailing duty orders covering aluminum extrusions from China under 19 U.S.C. 1671,. In a previous case, the Federal Circuit upheld Commerce's ruling that the orders…
Date: March 15, 2019
Docket Number: 17-2562
Justia Opinion Summary: Ruel served in the Marine Corps, 1966-1969, including two tours in Vietnam; he was exposed to Agent Orange. He died in 1984. His wife, Teresa, sought benefits. In July 1984, the VA received her Form 21-534, which the VA…
Date: March 15, 2019
Docket Number: 18-1295
Justia Opinion Summary: Natural owns patents relating to dietary supplements containing beta-alanine (an amino acid). Together with histidine, another amino acid, beta-alanine can form dipeptides that are involved in the regulation of…
Date: March 15, 2019
Docket Number: 18-1979
Date: March 14, 2019
Docket Number: 16-2746
Date: March 14, 2019
Docket Number: 17-2369
Justia Opinion Summary: Drug manufacturers filed Abbreviated New Drug Applications with the Food and Drug Administration seeking to market generic versions of Saphris, a drug product sold by Forest Laboratories. Saphris is a sublingually…
Date: March 14, 2019
Docket Number: 18-1392
Date: March 13, 2019
Docket Number: 17-2120
Justia Opinion Summary: Jones served in the Marine Corps, 1968-1970. A VA psychiatrist treated him and diagnosed him with PTSD in 2000. Jones formally applied for disability benefits for PTSD in 2011. In 2012, the VA Regional Office awarded…
Date: March 13, 2019
Docket Number: 18-1660
Date: March 13, 2019
Docket Number: 18-1848
Date: March 12, 2019
Docket Number: 17-2577
Justia Opinion Summary: The U.S. Department of Commerce, on remand, imposed countervailing and anti-dumping duties (19 U.S.C. 1671) on the importation of solar cells and modules, laminates, and/or panels, containing solar cells imported or sold…
Date: March 11, 2019
Docket Number: 18-1772
Date: March 8, 2019
Docket Number: 18-1599
Justia Opinion Summary: PersonalWeb’s patent explains that in conventional data processing systems, data items such as files are typically identified by their user-created alphanumeric name and/or pathname or location. Problems arise with…
Date: March 7, 2019
Docket Number: 18-1264
Justia Opinion Summary: James served on active duty during the Vietnam War. He sought service-connected disability compensation for “a lumbar spine disability and cervical spine disability, as well as an increased rating claim for…
Date: March 6, 2019
Docket Number: 18-1053
Date: March 5, 2019
Docket Number: 18-1375
Justia Opinion Summary: The U.S. Department of Commerce conducted an administrative review and a new shipper review of the antidumping duty order on freshwater crawfish tail meat from China, then imposed anti-dumping duties under 19 U.S.C.…
Date: March 1, 2019
Docket Number: 17-2356
Justia Opinion Summary: Sharpe has been a DEA employee since 1995. Until 2008, he was also a Navy reservist. While at the DEA, Sharpe was deployed three times, twice for six months. As of 2015, Sharpe had applied for 14 GS-14 positions since…
Date: February 28, 2019
Docket Number: 17-1950
Date: February 27, 2019
Docket Number: 18-1188
Justia Opinion Summary: Hornseth worked at the Puget Sound Naval Shipyard, which houses nuclear-powered vessels; every position requires a security clearance. Hornseth attended rehabilitation for alcoholism and provided the Navy with documents…
Date: February 26, 2019
Docket Number: 18-1284
Justia Opinion Summary: The University of Florida Research Foundation (UFRF) patent is titled “Managing Critical Care Physiologic Data Using Data Synthesis Technology.” In 2017, UFRF sued GE, alleging infringement. GE argued that the claims of…
Date: February 25, 2019
Docket Number: 18-2351
Date: February 22, 2019
Docket Number: 18-1028
Justia Opinion Summary: CODA’s CEO, Hrabal, invented self-inflating tire (SIT) technology. In 2008, GM representatives approached CODA, wanting to involve Goodyear in commercializing the technology. The parties executed a nondisclosure…
Date: February 22, 2019
Docket Number: 18-1142
Date: February 21, 2019
Docket Number: 18-1293
Justia Opinion Summary: Donaldson, a Capitol Police officer, was involved in an off-duty domestic incident. The Office of Professional Responsibility investigated and recommended termination. The Disciplinary Review Board agreed that Donaldson…
Date: February 20, 2019
Docket Number: 17-2312
Date: February 20, 2019
Docket Number: 17-2312
Justia Opinion Summary: The Katten law firm signed an engagement letter with Bausch & Lomb, a corporate affiliate of Valeant, that broadly defined Katten’s client as any Valeant entity. Attorneys Mukerjee and Soderstrom represented Mylan during…
Date: February 19, 2019
Docket Number: 17-2279
Justia Opinion Summary: The U.S. Department of Housing and Urban Development (HUD) administers the project-based Section 8 housing program using Housing Assistance Payments renewal contracts. The landlords own publicly-assisted housing in…
Date: February 19, 2019
Docket Number: 18-1231
Justia Opinion Summary: In 2007, the VA sought to lease space for a Parma, Ohio VA clinic. A pre-solicitation memorandum stated that the building must comply with the Interagency Security Committee (ISC) Security Design Criteria. The subsequent…
Date: February 19, 2019
Docket Number: 18-1316
Justia Opinion Summary: U.S. Customs and Border Protection classified ADC's imported merchandise under Harmonized Tariff Schedule of the United States (HTSUS) Subheading 9013.80.90, which bears a duty rate of 4.5% ad valorem and covers “other…
Date: February 19, 2019
Docket Number: 18-1470
Date: February 15, 2019
Docket Number: 18-1204
Justia Opinion Summary: In 2009, the U.S. Department of Agriculture’s Natural Resources Conservation Service (NRCS) entered into a “Cooperative Agreement” with St. Bernard Parish under the Federal Grant and Cooperative Agreement Act, 31 U.S.C.…
Date: February 15, 2019
Docket Number: 18-1206
Justia Opinion Summary: Doorknobs with integral locks, imported by Home Depot, were classified by U.S. Customs and Border Protection as locks under the Harmonized Tariff Schedule of the United States (HTSUS) heading 8301. Home Depot argued that…
Date: February 14, 2019
Docket Number: 17-2508
Date: February 14, 2019
Docket Number: 17-2510
Justia Opinion Summary: CenTrak’s 909 patent, entitled “Methods and Systems for Synchronized Ultrasonic Real Time Location,” relates to systems for real-time location (RTL), which allow users to locate and identify portable devices in a…
Date: February 13, 2019
Docket Number: 17-1732
Date: February 13, 2019
Docket Number: 18-1398
Justia Opinion Summary: Cerwonka, a full-time clinical psychologist for the VA in Alexandria, Louisiana, also maintained a private practice and evaluated social security disability applicants. An administrative complaint was filed against…
Date: February 12, 2019
Docket Number: 17-2430
Date: February 11, 2019
Docket Number: 18-1894
Date: February 11, 2019
Docket Number: 18-2076
Date: February 8, 2019
Docket Number: 17-1925
Justia Opinion Summary: Before selling their business, Page Printing, the Pettinatis followed the tax strategy suggested by their attorney and formed BASR, a general partnership. BASR assumed Treasury Note obligations, which increased its cost…
Date: February 8, 2019
Docket Number: 18-1015
Date: February 8, 2019
Docket Number: 18-1076
Justia Opinion Summary: Continental’s 582, 560, 105, and 912 patents are directed to a “multilayer electrical device . . . having a tooth structure” and methods for making the same. The patents, which have since expired, are continuations of…
Date: February 8, 2019
Docket Number: 18-1421
Date: February 8, 2019
Docket Number: 18-1536
Date: February 8, 2019
Docket Number: 18-1655
Date: February 8, 2019
Docket Number: 18-1893
Date: February 7, 2019
Docket Number: 17-1694
Justia Opinion Summary: The Bristol-Myers Squibb (BMS) patent, entitled “Stable Protein Formulations,” describes and claims specific fluid formulations an immunosuppressive agent used in the treatment of immune system disorders such as…
Date: February 6, 2019
Docket Number: 15-5020
Justia Opinion Summary: In 2003, Dobyns, then an ATF agent engaged in undercover work, infiltrated the Hells Angels and assisted in the indictment of 36 people for racketeering and murder. The disclosure of his identity during the prosecutions…
Date: February 6, 2019
Docket Number: 17-2508
Justia Opinion Summary: Athena Diagnostics is the exclusive licensee of the 820 patent, covering methods for diagnosing neurological disorders by detecting antibodies to a protein called muscle-specific tyrosine kinase (MuSK), which is…
Date: February 6, 2019
Docket Number: 18-1439
Date: February 5, 2019
Docket Number: 18-1203
Date: February 5, 2019
Docket Number: 18-152
Date: February 4, 2019
Docket Number: 17-2589
Date: February 1, 2019
Docket Number: 17-2088
Justia Opinion Summary: RCT owns the 551 patent, which discloses and claims enantiomeric compounds and pharmaceutical compositions useful in the treatment of epilepsy and other central nervous system disorders. The Patent and Trademark Office…
Date: February 1, 2019
Docket Number: 18-1108
Date: January 31, 2019
Docket Number: 17-2107
Date: January 31, 2019
Docket Number: 18-1205
Justia Opinion Summary: IPS’s founder and CEO (King) and Chief Technical Officer (Schwarz) are electrical engineers. IPS manufactured multi-space parking meters. King claims he conceived the idea for a credit-card enabled, solar-powered,…
Date: January 31, 2019
Docket Number: 18-1923
Date: January 29, 2019
Docket Number: 17-1821
Justia Opinion Summary: Procopio served aboard the U.S.S. Intrepid in 1964-1967. In July 1966, the Intrepid was deployed in the waters offshore the landmass of the Republic of Vietnam, including its territorial sea. Procopio sought entitlement…
Date: January 29, 2019
Docket Number: 17-2624
Date: January 28, 2019
Docket Number: 18-1745
Date: January 28, 2019
Docket Number: 18-1748
Date: January 25, 2019
Docket Number: 17-2028
Date: January 25, 2019
Docket Number: 18-1201
Justia Opinion Summary: Capitol Police terminated an officer for misconduct. The termination was approved by the Capitol Police Board. The officer invoked his rights under the collective bargaining agreement (CBA). An arbitrator held that…
Date: January 25, 2019
Docket Number: 18-1600
Date: January 24, 2019
Docket Number: 17-2463
Justia Opinion Summary: Dr. Barry’s patents, entitled “System and Method for Aligning Vertebrae in the Amelioration of Aberrant Spinal Column Deviation Conditions,” claim methods and systems for correcting spinal column anomalies, such as those…
Date: January 24, 2019
Docket Number: 17-2614
Date: January 23, 2019
Docket Number: 17-1357
Justia Opinion Summary: In April 2006, Supernus filed the “100 application” In August 2010, the USPTO issued a final rejection. In February 2011, Supernus filed a request for continued examination (RCE), 35 U.S.C. 132(b). Also in April 2006,…
Date: January 22, 2019
Docket Number: 17-2511
Date: January 22, 2019
Docket Number: 17-2597
Justia Opinion Summary: PDIC’s patent allegedly covers encoding digital images in the JPEG format. PDIC licensed the patent to Adobe, promising not to sue Adobe or Adobe’s customers for claims arising “in whole or part owing to an Adobe…
Date: January 16, 2019
Docket Number: 17-2557
Date: January 16, 2019
Docket Number: 18-1369
Date: January 15, 2019
Docket Number: 18-1428
Date: January 14, 2019
Docket Number: 17-2620
Justia Opinion Summary: Guild makes mortgage loans and has used the mark “GUILD MORTGAGE COMPANY” since 1960. Guild was founded in California and has expanded to over 40 other states. It applied to register the mark “GUILD MORTGAGE COMPANY,”…
Date: January 14, 2019
Docket Number: 18-1147
Justia Opinion Summary: In 1998, Do a government employee since 1990, was hired by HUD’s Information Systems Audit Division. She became Division Director. In 2006, Asuncion, then working as a Justice Department auditor, applied for a GS-11…
Date: January 14, 2019
Docket Number: 18-1216
Date: January 14, 2019
Docket Number: 18-1335
Date: January 11, 2019
Docket Number: 13-1527
Justia Opinion Summary: WesternGeco’s patents relate to technologies used to search for oil and gas beneath the ocean floor. The patents relate to controlling streamers and sensors in relation to each other by using winged positioning devices…
Date: January 11, 2019
Docket Number: 17-2596
Justia Opinion Summary: UCB’s 650 patent, which covers certain chemical derivatives of 3,3- diphenylpropylamines, including a compound called fesoterodine. Fesoterodine is an antimuscarinic drug marketed as Toviaz® to treat urinary…
Date: January 10, 2019
Docket Number: 18-1154
Justia Opinion Summary: Realtime’s 812 patent discloses “[s]ystems and methods for providing lossless data compression and decompression . . . [that] exploit various characteristics of run-length encoding, parametric dictionary encoding, and…
Date: January 9, 2019
Docket Number: 17-1570
Date: January 9, 2019
Docket Number: 17-1571
Date: January 9, 2019
Docket Number: 17-1999
Date: January 9, 2019
Docket Number: 18-1005
Justia Opinion Summary: During World War II, the Hanford Nuclear Reservation was established by the U.S. Army Corps of Engineers. After the war, Hanford continued in use, operated by contractors. Each time the work was transferred to another…
Date: January 9, 2019
Docket Number: 18-1433
Justia Opinion Summary: AC’s 680 patent relates generally to data access and management. The Patent Trial and Appeal Board held that certain claims were unpatentable. On reconsideration, it invalidated the remaining claims based on a ground of…
Date: January 3, 2019
Docket Number: 17-2613
Date: January 2, 2019
Docket Number: 17-2193
Justia Opinion Summary: For 33 years, Jenkins worked for the Army, finally as a Supervisory Army Community Services Division Chief. In 2010-2012, Jenkins continually failed performance reviews and once served a suspension for submitting an…
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