2020 Federal Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 798
Date: December 31, 2020
Docket Number: 20-1212
Date: December 29, 2020
Docket Number: 20-1171
Justia Opinion Summary: Simio’s patent, entitled “System and Method for Creating Intelligent Simulation Objects Using Graphical Process Descriptions,” describes different types of simulations, including those that are event-oriented,…
Date: December 28, 2020
Docket Number: 19-1319
Date: December 23, 2020
Docket Number: 19-1319
Justia Opinion Summary: Raytheon and GE compete in the market to supply propulsion engines to the commercial aviation industry. Raytheon’s patent, entitled “Gas Turbine Engine with Low Stage Count Low-Pressure Turbine,” claims a two-stage…
Date: December 23, 2020
Docket Number: 20-1084
Justia Opinion Summary: BGT contracted with the Navy to construct and deliver a generator. The Navy agreed to supply but failed to deliver an exhaust collector and engine mounts (government-furnished equipment "GFE"). Consistent with Federal…
Date: December 21, 2020
Docket Number: 19-1949
Justia Opinion Summary: Dr. Braun worked at the National Institutes of Health (NIH) for almost 32 years as a research doctor with a specialty in neurological disorders. He obtained tenured status in 2003. In 2016, the NIH, which is located…
Date: December 21, 2020
Docket Number: 19-2064
Justia Opinion Summary: Murphy served in the Army, 1971-1974. In 2003, he sought disability benefits for PTSD; the VA regional office (RO) denied this claim because Murphy lacked a PTSD diagnosis. A private doctor had diagnosed Murphy with…
Date: December 21, 2020
Docket Number: 19-2147
Justia Opinion Summary: Boeing entered into contracts with the Air Force that require Boeing to deliver technical data with “unlimited rights,” meaning that the government has the right to “use, modify, reproduce, perform, display, release, or…
Date: December 18, 2020
Docket Number: 20-1201
Date: December 17, 2020
Docket Number: 20-1311
Justia Opinion Summary: Perry served in the Wisconsin Army National Guard from January 1977 to March 1977, with active duty for training in February-March 1977. Active duty for training is “full-time duty in the Armed Forces performed by…
Date: December 17, 2020
Docket Number: 20-1387
Date: December 17, 2020
Docket Number: 20-1501
Justia Opinion Summary: In 2011, the U.S. Department of Commerce issued antidumping and countervailing duty orders on aluminum extrusions from China. In 2016, Commerce initiated an anti-circumvention inquiry concerning heat-treated 5050-grade…
Date: December 10, 2020
Docket Number: 20-1577
Date: December 8, 2020
Docket Number: 20-1321
Justia Opinion Summary: The National Organization of Veterans’ Advocates (NOVA), sought review under 38 U.S.C. 502. The Knee Joint Stability Rule, promulgated in 2018 and set forth in the Veterans Affairs Adjudication Procedures Manual, assigns…
Date: December 7, 2020
Docket Number: 19-1882
Justia Opinion Summary: Harrington, a Bay Pines VA Healthcare System police officer, sent a photograph of a document contained on the secure agency server to a former VA police officer, Hooker, who was no longer employed by VA. VA had provided…
Date: December 7, 2020
Docket Number: 19-2359
Justia Opinion Summary: Mazur discovered a process for creating “black silicon” by irradiating a silicon surface with ultra-short laser pulses to create a textured surface; the resulting black silicon has electronic properties different from…
Date: December 4, 2020
Docket Number: 19-2293
Justia Opinion Summary: Esparraguera was removed for performance reasons from her position as the Army’s top labor lawyer and placed into another high-level position at the same agency but outside the Senior Executive Service (SES). Federal…
Date: December 3, 2020
Docket Number: 19-2395
Justia Opinion Summary: The Department of Commerce initiated an antidumping duty investigation into certain carbon and alloy steel cut-to-length plate from France. Commerce chose Dillinger, a European producer of cut-to-length plate, as one of…
Date: November 30, 2020
Docket Number: 19-2381
Justia Opinion Summary: The Department of Commerce issued an antidumping order, 19 U.S.C. 1673(d)–(e), on steel threaded rod (STR) from China, describing the physical characteristics of the STR, including shape, finish, construction, and…
Date: November 25, 2020
Docket Number: 19-1734
Justia Opinion Summary: VidStream’s patent, titled: “Recording and Publishing Content on Social Media Websites,” has a priority date of May 2012. Twitter filed two petitions for inter partes review (IPR), with method claims 1–19 in one…
Date: November 20, 2020
Docket Number: 18-2338
Date: November 20, 2020
Docket Number: 18-2338
Date: November 19, 2020
Docket Number: 19-1852
Justia Opinion Summary: Alleshouse and Yeh are named as the inventors on the 685 and 189 patents, which claim water-park attractions that individuals may ride as if surfing, and on the 433 patent, which claims nozzle configurations for…
Date: November 19, 2020
Docket Number: 20-1054
Justia Opinion Summary: Vectura sued GSK in 2016, alleging direct infringement of claim 3 of the 991 patent, which concerns the production of “composite active particles” for use in pulmonary administration, such as in dry-powder inhalers. The…
Date: November 17, 2020
Docket Number: 18-1635
Justia Opinion Summary: SIPCO’s patent explains communicating information from a previously unconnected, remote device to a central location by setting up a two-step communication path through intermediate nodes to use the nodes’…
Date: November 13, 2020
Docket Number: 19-1828
Justia Opinion Summary: Google’s 765 application relates to “distributed caching for video-on-demand systems, and in particular to a method and apparatus for transferring content within such video-on-demand systems.” The proposed invention…
Date: November 10, 2020
Docket Number: 19-1756
Justia Opinion Summary: Bard and AngioDynamics both manufacture vascular access ports, devices implanted underneath a patient’s skin that allow the injection of fluid into the patient’s veins on a regular basis without starting an intravenous…
Date: November 10, 2020
Docket Number: 20-1098
Justia Opinion Summary: Fein was a consultant for Ferring Pharmaceuticals, involved in a project involving desmopressin, a synthetic analog of the naturally occurring hormone arginine vasopressin, which regulates the body’s retention of water. …
Date: November 9, 2020
Docket Number: 19-2291
Justia Opinion Summary: Dr. Hessami was the Chief of Pharmacy at a West Virginia VA Medical Center when the first curative therapies for Hepatitis C Virus infection (HCV) entered the market. The Center struggled to provide patients with access…
Date: November 9, 2020
Docket Number: 20-1104
Justia Opinion Summary: Guitar effects pedals are electronic devices that affect the amplified sound of a guitar., usually placed on a pedalboard and controlled by foot operation. Pro Stage’s 023 patent asserts that prior art pedalboards were…
Date: November 9, 2020
Docket Number: 20-135
Justia Opinion Summary: Uniloc sued Apple for patent infringement in the Western District of Texas (WDTX). Apple moved to transfer the case to the Northern District of California (NDCA), arguing that it would be clearly more convenient to…
Date: November 5, 2020
Docket Number: 19-2402
Justia Opinion Summary: The Valeant plaintiffs reside in Japan, Ireland, and Delaware. The defendants are incorporated and have principal places of business in West Virginia, Pennsylvania, and India. The brand-name FDA-approved drug Jublia®…
Date: November 4, 2020
Docket Number: 19-1530
Justia Opinion Summary: The University of Wyoming’s 425 patent is directed to a procedure whereby solvents of increasing strength are successively passed over asphaltenes that have been segregated in a packed column from a hydrocarbon such as…
Date: October 28, 2020
Docket Number: 20-142
Justia Opinion Summary: In 2018, Cameron sued Nitro in the Southern District of Texas, where both parties are headquartered, alleging infringement of three of Cameron’s patents. That court has not issued a claim construction ruling and a trial…
Date: October 27, 2020
Docket Number: 19-1526
Justia Opinion Summary: SFM owns the federal registration for SPROUTS for use in connection with grocery store services. The SPROUTS mark was first used in commerce not later than April 2002. Corcamore owns a federal trademark registration for…
Date: October 23, 2020
Docket Number: 19-2192
Justia Opinion Summary: TecSec’s patents, entitled “Distributed Cryptographic Object Method,” claim particular systems and methods for multi-level security of various kinds of files being transmitted in a data network. The patents describe a…
Date: October 20, 2020
Docket Number: 19-1094
Justia Opinion Summary: Veterans sought certification for the class of veterans whose disability claims had not been resolved by the Board of Veterans Appeals within one year of the filing of a Notice of Disagreement (NOD), requesting judicial…
Date: October 19, 2020
Docket Number: 20-1327
Date: October 15, 2020
Docket Number: 19-1213
Justia Opinion Summary: The U.S. Court of International Trade affirmed the Department of Commerce’s final affirmative determination in the countervailing duty investigation on cold-rolled steel flat products from the Republic of Korea. Commerce…
Date: October 15, 2020
Docket Number: 19-2108
Justia Opinion Summary: The Snyders patent describes and claims an artificial heart valve and a system for inserting the valve. In 2017, St. Jude filed two petitions under 35 U.S.C. 311–19, seeking inter partes reviews (IPR) of claims 1, 2,…
Date: October 14, 2020
Docket Number: 19-1583
Justia Opinion Summary: Under the 1999 Agreement, Medtronic purchased Dr. Sasso's inventions, agreeing to royalty payments based on Medtronic’s sales of the defined Medical Device until “the last to expire of the patents included in…
Date: October 13, 2020
Docket Number: 19-1749
Justia Opinion Summary: Immunex’s 487 patent is directed to antibodies that bind to the human interleukin-4 receptor, the resulting inhibition of which is significant for treating various inflammatory disorders, such as arthritis, dermatitis,…
Date: October 7, 2020
Docket Number: 19-2244
Justia Opinion Summary: Two named inventors of a patent, directed to portable antenna positioners, assigned their interests to their respective employers, AntennaSys and Windmill. Windmill acquired an exclusive license to AntennaSys’s one-half…
Date: October 6, 2020
Docket Number: 19-1878
Date: October 2, 2020
Docket Number: 18-1976
Justia Opinion Summary: GSK’s 067 patent for “carvedilol” issued in 1985. The FDA initially approved carvedilol for treating hypertension; the product was marketed with the brand name Coreg®. Scientists continued to study carvedilol. In 1997,…
Date: September 28, 2020
Docket Number: 19-1133
Justia Opinion Summary: Biogen’s patent is directed to a method of treating a viral condition, a viral disease, cancers, or tumors, by the administration of a pharmaceutically effective amount of a recombinant polypeptide related to human…
Date: September 28, 2020
Docket Number: 19-2367
Justia Opinion Summary: Mote served in the Air Force, 1961-1965, participating in missions to Vietnam, where Agent Orange was deployed. Mote later developed coronary artery disease and lung cancer. In 2010, Mote filed a disability claim based.…
Date: September 25, 2020
Docket Number: 18-1456
Justia Opinion Summary: Voip-Pal’s patents, titled “Producing Routing Messages for Voice Over IP Communications,” describe the field of invention as “voice over IP communications and methods and apparatus for routing and billing” and relate to…
Date: September 24, 2020
Docket Number: 18-2338
Justia Opinion Summary: Network-1’s 930 patent, titled “Apparatus and Method for Remotely Powering Access Equipment over a 10/100 Switched Ethernet Network,” issued in 2001. Network-1 sued HP for infringement. A jury found the patent not…
Date: September 24, 2020
Docket Number: 19-2130
Justia Opinion Summary: The Fair Labor Standards Act (FLSA) exempts from overtime requirements those employed in an executive, administrative, or professional capacity, 29 U.S.C. 213(a)(1). If an employer violates the overtime requirement, it…
Date: September 24, 2020
Docket Number: 20-1035
Date: September 15, 2020
Docket Number: 19-1534
Justia Opinion Summary: Ramirez was a Customs Officer, required to remain medically qualified to carry a service firearm. His wife reported to the police that he had cocked his service weapon and pointed it at her head. The police concluded…
Date: September 11, 2020
Docket Number: 19-2116
Justia Opinion Summary: John served in the Army in the 1960s. In 1972, John and Roberta married. In 2001, they separated. In 2005, a New York court issued a Separation Judgment, requiring John to pay Roberta $300 per month in spousal…
Date: September 3, 2020
Docket Number: 19-1983
Justia Opinion Summary: Taylor's leases for the Outer Continental Shelf (OCS), set to expire in 2007, incorporated Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. 1301, regulations. They required Taylor to leave the leased area “in a…
Date: September 3, 2020
Docket Number: 20-1004
Justia Opinion Summary: Trina challenged the Department of Commerce’s final results in the first administrative review of the antidumping duty order, 19 U.S.C. 1673(1), covering certain crystalline silicon photovoltaic products from China.…
Date: September 3, 2020
Docket Number: 20-1077
Date: September 2, 2020
Docket Number: 19-2326
Justia Opinion Summary: The Joint Enterprise Defense Infrastructure Cloud procurement is directed to the long-term provision of enterprise-wide cloud computing services to the Defense Department. Its solicitation contemplated a 10-year…
Date: September 1, 2020
Docket Number: 19-1683
Justia Opinion Summary: KBR contracted with the government to provide trailers to house coalition personnel at military camps in Iraq. KBR claimed that the government breached the contract by failing to provide “force protection” to the trucks…
Date: September 1, 2020
Docket Number: 19-1904
Justia Opinion Summary: Graham served in the Marine Corps from 1967-1970 and has been receiving disability compensation benefits since 2001. The VA regional office (RO) informed Graham in 2009 that authorities had identified him as a fugitive…
Date: August 28, 2020
Docket Number: 19-2015
Justia Opinion Summary: Egenera sued, alleging that Cisco’s enterprise server systems infringed the 430 patent. Before claim construction, and with Cisco’s inter partes review (IPR) petition pending, Egenera separately petitioned the Patent and…
Date: August 28, 2020
Docket Number: 19-2131
Justia Opinion Summary: The Department of Commerce imposed anti-dumping and countervailing duties, 19 U.S.C. 1671, 1673, on imports of certain steel nails from India, the Republic of Korea, Malaysia, Oman, Taiwan, Turkey, and the Socialist…
Date: August 27, 2020
Docket Number: 19-1527
Justia Opinion Summary: Baxalta sued Genentech, asserting that Genentech’s Hemlibra® product used to treat the blood clotting disorder hemophilia infringes claims of its 590 patent. The 590 patent relates to preparations used to treat…
Date: August 27, 2020
Docket Number: 19-2216
Justia Opinion Summary: Phytelligence, an agricultural biotechnology company that used tissue culture to grow trees, and Washington State University (WSU) contracted for the propagation of WSU's patented “WA 38” apple trees. Section 4 of the…
Date: August 27, 2020
Docket Number: 19-2264
Date: August 27, 2020
Docket Number: 20-1128
Justia Opinion Summary: Garvey served in the Army, 1966-1970. While posted in Germany, Garvey was punished for “disorderly conduct.” Garvey was posted to Vietnam, where he was convicted by special courts-martial of possessing four pounds of…
Date: August 27, 2020
Docket Number: 20-1132
Justia Opinion Summary: Neville’s 708 patent and its parent 236 patent relate to foundation piles, which are tubular structures placed into the ground to provide stability for the foundations built over them. Such foundation piles can be driven…
Date: August 26, 2020
Docket Number: 19-2125
Justia Opinion Summary: The Federal Highway Administration (FHA) issued a solicitation for the "Deweyville" project, consisting of reconstructing approximately 12 miles of road running through Alaska's Tongass National Forest. The FHA provided…
Date: August 25, 2020
Docket Number: 19-1676
Justia Opinion Summary: In 2014-2018, Harris was the Branch Chief of the Continuity of Operations (COOP) branch, a division of the SEC’s Office of Support Operations (OSO) in Washington, D.C. In mid-2017, performance issues began to surface…
Date: August 24, 2020
Docket Number: 19-1738
Justia Opinion Summary: Christy applied for a patent on its “ambient air backflushed filter vacuum” invention. The patent claiming that invention issued in 2006. Christy paid the patent's $1,000 issuance fee and the $490 3.5-year, $1,800…
Date: August 21, 2020
Docket Number: 19-1558
Justia Opinion Summary: In 2015, Dr. Sowinski sued the California Air Resources Board (CARB) and others, alleging infringement of the 033 patent, violation of California elder abuse laws, and violation of California Business & Professions Code…
Date: August 21, 2020
Docket Number: 19-1667
Justia Opinion Summary: Burkhart is the widow of U.S. Army veteran David, who served honorably in the Korean War. He had no service-connected disabilities. In the late 1990s, he was admitted to a VA nursing facility, where he died. Burkhart…
Date: August 21, 2020
Docket Number: 19-2185
Justia Opinion Summary: The West Virginia adjutant general terminated Dyer from his position as a dual-status military technician with the U.S. Air Force. The National Guard Technicians Act of 1968 (NGTA) established authority for dual-status…
Date: August 20, 2020
Docket Number: 19-2118
Justia Opinion Summary: Security obtained the 180 patent in 2003. After being sued for patent infringement, Security’s competitor sought review of certain claims of the patent in 2015. The Patent Trial and Appeal Board instituted an inter…
Date: August 19, 2020
Docket Number: 19-1596
Justia Opinion Summary: Cottingham sought compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, alleging that a Gardasil® vaccination received by her minor daughter, K.C., in 2012, for the prevention of HPV,…
Date: August 19, 2020
Docket Number: 19-1992
Justia Opinion Summary: Lang served in the Marine Corps in 1966-1968 and was badly injured in Vietnam. Lang sought psychiatric treatment at the Pittsburgh VA Medical Center. In 1995, an examiner explained: [T]he Veteran from a physical…
Date: August 17, 2020
Docket Number: 17-1555
Date: August 14, 2020
Docket Number: 19-1290
Justia Opinion Summary: In the Patient Protection and Affordable Care Act (ACA), Congress directed each state to establish an online exchange through which insurers may sell health plans if the plans meet certain requirements. One requirement…
Date: August 14, 2020
Docket Number: 19-1633
Justia Opinion Summary: The Patient Protection and Affordable Care Act (ACA), 124 Stat. 119, directed each state to establish an online exchange through which insurers may sell health plans that meet certain requirements. Insurers must reduce…
Date: August 12, 2020
Docket Number: 16-1929
Justia Opinion Summary: Kisor served in the Marine Corps, 1962-1966. In 1982, he sought disability compensation benefits for PTSD. A 1983 psychiatric examination noted Kisor's combat experiences in Vietnam. The examiner expressed his “distinct…
Date: August 12, 2020
Docket Number: 19-1886
Justia Opinion Summary: After the U.S. invasion of Iraq, Agility was awarded a contract for support of staging area operations (PCO Contract). Under the Contract, the Coalition Provisional Authority (CPA) could issue individual task orders to…
Date: August 11, 2020
Docket Number: 20-1137
Justia Opinion Summary: The parents were domiciled in Nassau, the Bahamas. Mother traveled to the U.S. five times while pregnant. A.R. was born in November 2015, in Nassau, and lived in Nassau for six months. He received his first two sets of…
Date: August 10, 2020
Docket Number: 19-2148
Justia Opinion Summary: Boeing permissibly changed cost accounting practices for its Defense contracts simultaneously. Some changes raised the government's costs; others lowered those costs. The Defense Contract Management Agency, invoking…
Date: August 7, 2020
Docket Number: 19-1931
Justia Opinion Summary: In 2003, the government awarded Parsons a $2.1 billion indefinite-delivery, indefinite-quantity contract for planning and construction work to be described in subsequent task orders. In 2005, the government issued a $34…
Date: August 6, 2020
Docket Number: 19-1081
Justia Opinion Summary: Nonprofit organizations that have downloaded public court records via the Public Access to Court Electronic Records (PACER) system brought a class action, alleging that the incurred PACER fees “exceeded the amount that…
Date: August 4, 2020
Docket Number: 19-2215
Justia Opinion Summary: Godo sued TCL, alleging infringement, arguing that the patents-in-suit are essential to the Long-Term Evolution (LTE) standard and that TCL’s accused devices are LTE-compatible. A jury found that TCL was liable for…
Date: August 3, 2020
Docket Number: 19-2255
Justia Opinion Summary: Bio-Rad’s patents are directed to systems and methods for forming microscopic droplets (plugs) of fluids to perform biochemical reactions. Microfluidic systems—often called “labs-on-a-chip”—allow scientists to conduct…
Date: August 3, 2020
Docket Number: 19-2360
Justia Opinion Summary: The Navy began a program to design and build littoral combat ships (LCS) and issued a request for proposals. During the initial phase of the LCS procurement, FastShip met with and discussed a potential hull design with…
Date: July 31, 2020
Docket Number: 19-1467
Justia Opinion Summary: The patent relates to computer networking and is specifically directed to offloading certain network-related processing tasks from a host computer’s central processing unit (CPU) to an “intelligent network interface…
Date: July 31, 2020
Docket Number: 19-1789
Justia Opinion Summary: XY sued Trans Ova for infringement of seven patents relating to technology for sex selection of non-human mammals. Its 559 patent is titled “Enhancing Flow Cytometry Discrimination with Geometric Transformation.” Flow…
Date: July 31, 2020
Docket Number: 19-2400
Justia Opinion Summary: IBSA's patent, entitled “Pharmaceutical Formulations for Thyroid Hormones,” provides “pharmaceutical formulations based on thyroid hormones enabling a safe and stable oral administration in the framework of the strict…
Date: July 31, 2020
Docket Number: 20-1407
Justia Opinion Summary: Takeda sued Mylan for patent infringement based on Mylan’s Abbreviated New Drug Application (ANDA) for a generic version of Takeda’s Colcrys® version of the drug colchicine. The parties settled, entering into a License…
Date: July 31, 2020
Docket Number: 20-1545
Date: July 29, 2020
Docket Number: 19-1393
Justia Opinion Summary: Interactive’s patent describes a gaming system wherein a gaming service provider—such as a casino—wirelessly communicates with users’ mobile devices, allowing them to gamble remotely. The system stores rules to determine…
Date: July 27, 2020
Docket Number: 19-1567
Justia Opinion Summary: In 2000, Australian started advertising and selling condoms with the marks NAKED and NAKED CONDOM in Australia. In 2003, Australian, through its website, began advertising, selling, and shipping condoms featuring its…
Date: July 24, 2020
Docket Number: 19-1424
Justia Opinion Summary: Decker developed the patented inventions while employed at the University of Texas and assigned the patents to UT. Gensetix obtained an exclusive license in the patents. The license agreement provides that, Gensetix…
Date: July 22, 2020
Docket Number: 19-1686
Justia Opinion Summary: Entitled “System and Method for Adjustable Licensing of Digital Products,” Uniloc’s 960 patent is directed to the problem that consumers of software use digital products on multiple devices, where consumers have “a…
Date: July 20, 2020
Docket Number: 19-1166
Justia Opinion Summary: In 2005, Prestonback was appointed as a West Point cadet and signed USMA Form 5-50, agreeing that “if [he] voluntarily fail[s], or because of misconduct fail[s], to complete the period of active duty . . . [he] will…
Date: July 17, 2020
Docket Number: 19-1095
Justia Opinion Summary: While serving in the Navy, 1972-1073, Merritt sustained a concussion in an automobile accident. In 2006, a VA psychologist prepared a note. stating that Merritt had “[s]ymptoms of bipolar disorder[, which] first began…
Date: July 17, 2020
Docket Number: 19-1519
Justia Opinion Summary: While serving in the Navy 1968-1970, Simmons experienced feelings of depression and homesickness. A VA physician diagnosed Simmons with situational depression but no permanent disability. Another VA physician diagnosed…
Date: July 16, 2020
Docket Number: 19-2077
Justia Opinion Summary: The 850 patent discloses a self-anchoring beverage container that prevents spills by anchoring the container to a surface. An International Trade Commission complaint, against several respondents (including Mayborn)…
Date: July 15, 2020
Docket Number: 18-2376
Justia Opinion Summary: Jones served on active duty with the Army in 1967-1974 and in the Army National Guard in 1987-1990. In 1994, he sought disability benefits for a nervous disorder and a leg wound. A VA regional office granted service…
Date: July 15, 2020
Docket Number: 19-1400
Justia Opinion Summary: In 2015, AK Steel filed a petition with the Department of Commerce, seeking an antidumping duty investigation, 19 U.S.C. 1673, covering corrosion-resistant steel products (CORE) from Taiwan. Commerce instituted an…
Date: July 15, 2020
Docket Number: 19-1769
Justia Opinion Summary: Sellers served in the Navy in 1964-1968, and in the Army, 1981-1996. He suffers from major depressive disorder (MDD). Sellers has a 2009 effective date for his disability benefits. He seeks an effective date of March…
Date: July 15, 2020
Docket Number: 19-1793
Justia Opinion Summary: Hardy owns land in Newton County, Georgia, through which CGA operated a rail line. CGA’s predecessor acquired interests in Hardy’s parcels through various deeds. In 2013, CGA applied for authority to abandon a portion…
Date: July 14, 2020
Docket Number: 19-2041
Justia Opinion Summary: Packet’s patents teach a method for monitoring packets exchanged over a computer network. A stream of packets between two computers is called a connection flow. Monitoring connection flows cannot account for disjointed…
Date: July 14, 2020
Docket Number: 19-2050
Justia Opinion Summary: Each patent at issue claims a method of treating cancer by administering antibodies targeting specific receptor-ligand interactions on T cells, which are responsible for processing information to develop an immune…
Date: July 13, 2020
Docket Number: 19-1805
Date: July 9, 2020
Docket Number: 19-1922
Justia Opinion Summary: Uniloc filed patent infringement actions against Apple, which moved to dismiss, arguing that Uniloc had granted its creditor a license with the right to sublicense in the event of a Uniloc default. According to Apple,…
Date: July 8, 2020
Docket Number: 19-1048
Justia Opinion Summary: Valencell’s patent, entitled “Methods and Apparatus for Generating Data Output Containing Physiological and Motion-Related Information,” concerns systems for monitoring information such as blood oxygen level, heart rate,…
Date: July 7, 2020
Docket Number: 19-2349
Justia Opinion Summary: The Patent Trial and Appeal Board, in an ex parte appeal, affirmed an examiner’s rejection of claims in Boloro’s patent applications. Boloro moved to vacate. The Director of the Patent and Trademark Office acknowledged…
Date: July 6, 2020
Docket Number: 19-2155
Justia Opinion Summary: Genentech manufactures and sells bevacizumab, a biological product used to treat certain types of cancer, under the name Avastin. Amgen filed a biologics license application, 42 U.S.C. 262(k) to market a biosimilar…
Date: July 2, 2020
Docket Number: 19-1869
Justia Opinion Summary: U.S. Customs and Border Protection classified Apple’s iPad 2 Smart Cover model number MC939LL/A, under Harmonized Tariff Schedule of the United States (HTSUS) Subheading 6307.90.98, covering “Other made up articles,…
Date: July 2, 2020
Docket Number: 19-2357
Justia Opinion Summary: In 2009, Bank of America acquired Merrill Lynch. In 2013, Merrill Lynch “merged with and into” Bank of America. In 2017, Bank of America filed a complaint, seeking to recover overpaid interest on federal tax…
Date: July 1, 2020
Docket Number: 19-1951
Justia Opinion Summary: In July 2010, L.M. was born at full-term and developed normally for six months. In February 2011, L.M. received childhood vaccines, including the diphtheria-tetanus-acellular pertussis vaccination. By that evening, L.M.…
Date: July 1, 2020
Docket Number: 19-2087
Justia Opinion Summary: ECT sued ShoppersChoice for infringement of its 261 patent, directed “to systems and methods that notify a party of travel status associated with one or more mobile things. ShoppersChoice challenged claim 11 as…
Date: July 1, 2020
Docket Number: 20-1037
Justia Opinion Summary: The patents at issue are directed to the fusion protein etanercept and methods of making the same. Etanercept is the active ingredient in Immunex’s biologic drug Enbrel®, which is primarily indicated for reducing the…
Date: June 26, 2020
Docket Number: 19-1118
Justia Opinion Summary: In 2009, Avalos was confirmed as the Under Secretary of Agriculture for Marketing and Regulatory Programs at the USDA. Avalos met Trevino, also a USDA political appointee. Trevino later moved to the Department of Housing…
Date: June 26, 2020
Docket Number: 19-1935
Justia Opinion Summary: On inter partes review (IPR) of B/E’s patents, the Patent Trial and Appeal Board found certain claims unpatentable as obvious. The patents relate to space-saving technologies for aircraft enclosures such as lavatory…
Date: June 25, 2020
Docket Number: 19-1622
Justia Opinion Summary: The Firebug patents are generally directed to footwear illumination systems. According to the patents, while light-up shoes are not new to the industry, there are many possible structural designs. In some designs, the…
Date: June 25, 2020
Docket Number: 19-1787
Justia Opinion Summary: Nike’s patents share a specification and are directed to methods of manufacturing an article of footwear with a textile upper. Adidas petitioned for inter partes review of certain claims. The Patent Board held that…
Date: June 24, 2020
Docket Number: 19-1591
Justia Opinion Summary: In 2012, the Department of Commerce issued an antidumping duty order on crystalline silicon photovoltaic cells from China. In 2015, Commerce initiated the first administrative review of this antidumping duty order. …
Date: June 22, 2020
Docket Number: 19-1746
Date: June 19, 2020
Docket Number: 19-1678
Justia Opinion Summary: Water levels in Eagle Lake, near Vicksburg, are controlled by the Muddy Bayou Control Structure, part of the Army Corps of Engineers’ Mississippi River flood control program. Eagle Lake's predictable water levels allowed…
Date: June 17, 2020
Docket Number: 19-1838
Date: June 17, 2020
Docket Number: 19-1918
Justia Opinion Summary: Personal Web’s patents share a largely common specification and claim priority to an abandoned patent application, which was filed in 1995. According to the specification, there was a problem with the way computer…
Date: June 15, 2020
Docket Number: 18-2194
Justia Opinion Summary: SolarWorld filed an antidumping duty petition concerning certain photovoltaic products imported from China. After two remands, the Trade Court affirmed rulings by the Department of Commerce selecting Harmonized Tariff…
Date: June 15, 2020
Docket Number: 19-1933
Justia Opinion Summary: The U.S. Defense Information Systems Agency (DISA) awarded contracts for the opportunity to sell information technology services to various federal government agencies. Inserso did not receive an award; its total…
Date: June 15, 2020
Docket Number: 19-2059
Justia Opinion Summary: Oliva worked for the VA, 2000-2016. In 2015, Oliva challenged the VA’s issuance of a letter of reprimand for Oliva accusing a supervisor of improperly pre-selecting an applicant for a position; Oliva claimed that his…
Date: June 12, 2020
Docket Number: 19-1798
Justia Opinion Summary: Ginnie Mae (GM), established by 12 U.S.C. 1717(a)(2)(A) to provide stability in the secondary residential mortgage market and promote access to mortgage credit, guarantees mortgage-backed securities (MBS). FMC, a…
Date: June 11, 2020
Docket Number: 19-2268
Justia Opinion Summary: Young was serving a one-year probationary period working for the IRS when the agency removed her for misconduct. Young appealed to the Merit Systems Protection Board, challenging her removal as an unlawful adverse…
Date: June 11, 2020
Docket Number: 19-2441
Justia Opinion Summary: Carr served Air Force active duty, 1976-1980, earning 45 months of education benefits under Chapter 34 (Vietnam-era GI Bill), Carr used 41 months and 11 days of those benefits for his own education before the entire…
Date: June 9, 2020
Docket Number: 19-1608
Date: June 8, 2020
Docket Number: 19-1454
Justia Opinion Summary: Munchkin sued LNC for trademark infringement and unfair competition claims based on LNC’s spill-proof drinking containers. A year later, the court allowed Munchkin to amend the complaint to include new trademark…
Date: June 4, 2020
Docket Number: 20-1106
Justia Opinion Summary: Almirall markets ACZONE®, a prescription medication used to treat acne. Almirall’s 926 and 219 patents are listed in the FDA Orange Book as claiming ACZONE. Before seeking approval to market a generic version of ACZONE,…
Date: June 2, 2020
Docket Number: 19-1954
Justia Opinion Summary: The Defense Information Systems Agency (DISA) issued a solicitation for the procurement of information technology solutions for various agencies. DISA would award several indefinite-delivery/quantity contracts; task…
Date: May 29, 2020
Docket Number: 19-1356
Justia Opinion Summary: Adkins sought a federal income tax refund, based on financial losses sustained as the victim of a fraudulent investment scheme. The IRS was unable to formalize the parties’ settlement before the statute of limitations on…
Date: May 29, 2020
Docket Number: 19-1385
Justia Opinion Summary: Caquelin's land was subject to a railroad easement. The Surface Transportation Board granted the railroad permission to abandon the line unless the process (16 U.S.C. 1247(d)) for considering the use of the easement for…
Date: May 29, 2020
Docket Number: 19-1692
Justia Opinion Summary: In 2015, CPA’s predecessor was awarded Defense contracts to provide stevedoring and terminal services along the Eastern Seaboard, including Charleston. The contracts incorporated a Federal Acquisition Regulation…
Date: May 22, 2020
Docket Number: 19-1066
Justia Opinion Summary: Odyssey filed the 678 patent application in 2004. After several procedural disputes and appeals, the Patent Board reversed an examiner’s rejections. The Technology Center Director issued an “examiner’s request for…
Date: May 21, 2020
Docket Number: 19-1463
Justia Opinion Summary: The plaintiffs each own a wind farm that was put into service in 2012. Each applied for a federal cash grant based on specified energy project costs, under section 1603 of the American Recovery and Reinvestment Tax Act…
Date: May 20, 2020
Docket Number: 19-1557
Justia Opinion Summary: McRO’s patent describes a method for automatically generating animations, with a three-dimensional appearance, depicting lip movements and facial expressions. The method uses two basic building blocks: “phonemes” and…
Date: May 19, 2020
Docket Number: 19-1621
Justia Opinion Summary: In 2003, Electric Boat (EB) and the Navy entered into a contract for the construction of up to six nuclear-powered submarines. The Contract includes a “Change-of-Law Clause,” which provides for a price adjustment in…
Date: May 19, 2020
Docket Number: 19-1659
Justia Opinion Summary: ESIP’s patent relates to “a novel system and method for combining germicidal protection and aromatic diffusion in enclosed habitable spaces.” ’ Products of this type are commonly known as “vaporizers” or “diffusers.” On…
Date: May 18, 2020
Docket Number: 19-2138
Justia Opinion Summary: In 2012, Lozano gave birth to a baby. While still hospitalized, Lozano received a tetanus-diphtheria-acellular-pertussis (Tdap) vaccination. Two weeks later, Lozano reported a low-grade fever, body aches, and breast…
Date: May 15, 2020
Docket Number: 19-1105
Justia Opinion Summary: Cochlear’s patent describes a hearing aid with several parts. A vibration-producing component is implanted and mechanically anchored into a patient’s skull on the patient’s deaf side. An external component, which…
Date: May 15, 2020
Docket Number: 19-1901
Justia Opinion Summary: In 1999, the Taylors purchased land near a New Mexico Air Force base to raise calves. The Air Force began flying training missions over the land, sometimes “no more than 20 feet . . . off the deck.” In 2008, the Taylors…
Date: May 14, 2020
Docket Number: 19-1587
Justia Opinion Summary: ECT sued ShoppersChoice for infringement of its 261 patent, titled “Secure Notification Messaging with User Option to Communicate with Delivery or Pickup Representative.” The Federal Circuit affirmed a judgment on the…
Date: May 14, 2020
Docket Number: 19-1781
Justia Opinion Summary: Lanard owns Design Patent D167 and the 458 copyright for a work entitled “Pencil/Chalk Holder,” relating to a toy chalk holder designed to look like a pencil. Lanard sold the Chalk Pencil, marked to indicate Lanard’s…
Date: May 14, 2020
Docket Number: 19-2152
Date: May 13, 2020
Docket Number: 18-2416
Justia Opinion Summary: Starting in 1992, Schwendimann worked at ACT, which manufactured paper coating products. In 1998-2000, Schwendimann and Nasser (ACT's owner) filed the 983 and 845 patent applications; both were named as inventors.…
Date: May 13, 2020
Docket Number: 19-1671
Justia Opinion Summary: In 2019, the Federal Circuit (Arthrex) held that the appointment of the APJs by the Secretary of Commerce, 35 U.S.C. 6(a), violated the Appointments Clause. The Patent and Trademark Office and Cisco argued that the…
Date: May 8, 2020
Docket Number: 19-1924
Justia Opinion Summary: Eage filed suit, alleging infringement of four patents under the doctrine of equivalents, stemming from Slayback’s new drug application for a generic version of Eagle’s branded bendamustine product, BELRAPZO®. …
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