2021 Federal Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 738
Date: December 30, 2021
Docket Number: 21-1469
Justia Opinion Summary: The Army requested bids for helicopter flight training and awarded the contract to L3. In a bid-protest action filed by disappointed bidder S3, the Claims Court set aside the award. After reevaluation of the bids, the…
Date: December 29, 2021
Docket Number: 20-1871
Date: December 29, 2021
Docket Number: 20-2066
Date: December 29, 2021
Docket Number: 20-2071
Date: December 28, 2021
Docket Numbers: 20-1828, 2020-1867
Justia Opinion Summary: Qualcomm’s patent, titled “Direct Scatter Loading of Executable Software Image from a Primary Processor to One or More Secondary Processor in a Multi-Processor System,” addresses a system with multiple processors, each…
Date: December 14, 2021
Docket Number: 20-1906
Justia Opinion Summary: Dr. Metzinger brought an Equal Pay Act (EPA) suit against her employer, the VA, in the Eastern District of Louisiana, alleging that the government violated 29 U.S.C. 206(d), by paying her less than her male subordinates.…
Date: December 14, 2021
Docket Number: 21-1112
Date: December 13, 2021
Docket Number: 20-2341
Justia Opinion Summary: Tolliver had a contract with the United States under which Tolliver was obliged to write technical manuals for government-used equipment. The government was obliged to supply Tolliver information relevant to that task.…
Date: December 13, 2021
Docket Number: 21-1052
Date: December 10, 2021
Docket Number: 21-1678
Justia Opinion Summary: Former and current Drug Enforcement Agency (DEA) employees were relocated to Puerto Rico or the U.S. Virgin Islands at the DEA’s request for two to five years. Each received a one-time relocation incentive bonus under 5…
Date: December 10, 2021
Docket Number: 21-1748
Justia Opinion Summary: In an administrative review of an antidumping duty order on welded line pipe from the Republic of Korea, the Department of Commerce found that a “particular market situation” (PMS) existed in the Korean market for welded…
Date: December 8, 2021
Docket Number: 21-1247
Date: December 8, 2021
Docket Number: 21-1729
Justia Opinion Summary: AstraZeneca’s asserted patents are listed in the FDA’s “Approved Drug Products with Therapeutic Equivalence Evaluations” (Orange Book), as covering AstraZeneca’s Symbicort® pressurized metered-dose inhaler (pMDI). The…
Date: December 7, 2021
Docket Number: 20-1538
Justia Opinion Summary: U.S. Customs and Border Protection (CBP) controls and monitors traffic at the borders, including the flow of vehicles, cargo, and people. CBP’s Cargo Systems Program Directorate (CSPD) manages a commercial trade…
Date: December 7, 2021
Docket Number: 21-1360
Justia Opinion Summary: In the 1980s, researchers suggested using mifepristone to treat Cushing’s syndrome, a disease caused by excessive cortisol levels. More than 20 years later, Corcept initiated the first major clinical trial of…
Date: December 1, 2021
Docket Number: 20-1184
Justia Opinion Summary: Arbutus’s 435 patent, directed to “stable nucleic acid-lipid particles (SNALP) comprising a nucleic acid (such as one or more interfering RNA), methods of making the SNALP, and methods of delivering and/or administering…
Date: December 1, 2021
Docket Number: 20-2329
Justia Opinion Summary: Arbutus's patent, directed to “stable nucleic acid-lipid particles (SNALP) comprising a nucleic acid (such as one or more interfering RNA), methods of making the SNALP, and methods of delivering and/or administering the…
Date: November 30, 2021
Docket Number: 20-1933
Justia Opinion Summary: Biogen’s 514 Patent claims a method of treating multiple sclerosis with a drug called dimethyl fumarate. Mylan filed an Abbreviated New Drug Application (ANDA) seeking FDA approval to manufacture, use, and market a…
Date: November 24, 2021
Docket Number: 20-2073
Justia Opinion Summary: Indivior’s patent, which generally describes orally dissolvable films containing therapeutic agents, was issued as the fifth continuation of the 571 application, which was filed in 2009. DRL petitioned for inter partes…
Date: November 24, 2021
Docket Number: 21-1370
Date: November 17, 2021
Docket Number: 21-1257
Justia Opinion Summary: In 2015, JKB and the Army entered into a three-year indefinite-delivery, indefinite-quantity contract. JKB agreed to provide instructional services up to 14 classes per year. The contract incorporates Federal Acquisition…
Date: November 12, 2021
Docket Number: 21-1011
Justia Opinion Summary: In 2007, Galperti-Italy, to support its application to the Patent and Trademark Office (PTO) for registration of the mark GALPERTI, told the PTO that, in the five preceding years, its use of the mark was “substantially…
Date: November 12, 2021
Docket Number: 21-1709
Justia Opinion Summary: In 2007, ROHM Japan and MaxPower entered into a technology license agreement (TLA). ROHM Japan was permitted “to use certain power [metal oxide semiconductor field-effect transistors (MOSFET)]-related technologies of”…
Date: November 10, 2021
Docket Number: 20-1683
Justia Opinion Summary: Qualcomm accused Apple of infringing various patents. Apple petitioned the Patent Trial and Appeal Board for inter partes review (IPR) of those patents. In 2019, the parties settled all their patent-infringement…
Date: November 10, 2021
Docket Number: 21-1628
Justia Opinion Summary: Courtney, an Equal Employment Opportunity Commission Investigator. was removed from her federal employment effective December 7, 2019, premised on a charge of being absent without leave (AWOL) for several months. An…
Date: November 10, 2021
Docket Number: 21-1717
Justia Opinion Summary: Courtney, an Equal Employment Opportunity Commission (EEOC) Investigator, was removed from her federal employment effective December 7, 2019, based on a charge of being absent without leave. Her removal was affirmed by…
Date: November 10, 2021
Docket Number: 21-193
Justia Opinion Summary: Ravgen filed suit in the federal district court in Waco, Texas, accusing Quest’s QNatal Advanced test of infringing patents relating to non-invasive tests for prenatal genetic disorders. Quest moved to transfer the case…
Date: November 5, 2021
Docket Number: 21-1154
Justia Opinion Summary: Celgene markets pomalidomide as a multiple-myeloma drug under the brand name Pomalyst. Many drug companies questioned the validity or applicability of Celgene's patents and sought to bring generic pomalidomide to market.…
Date: November 4, 2021
Docket Number: 20-2243
Justia Opinion Summary: Methicillin-resistant Staphylococcus aureus (MRSA), and other Gram-positive bacteria that have developed resistance to antibiotics cause health problems, particularly in the hospital environment. TheUniversity of…
Date: November 3, 2021
Docket Number: 21-1065
Justia Opinion Summary: A 2005 Customs ruling letter stated that Kent’s imported bicycle seats would be classified as “accessories of bicycles” under HTSUS heading 8714, with a 10% ad valorem duty. In 2008, after Customs classified a…
Date: October 29, 2021
Docket Number: 20-1686
Justia Opinion Summary: Valles began working for the State Department as a passport specialist in 2011. In 2016, Valles served a three-day suspension for charges concerning inappropriate sexual and political comments made to co-workers and…
Date: October 27, 2021
Docket Number: 20-2277
Justia Opinion Summary: For more than 30 years, Brewery has used the marks BROOKLYN and BROOKLYN BREWERY in connection with the advertising, promotion, and sale of Brewery’s beer and beer-related merchandise. Brewery owns Registration No.…
Date: October 18, 2021
Docket Number: 21-1538
Date: October 14, 2021
Docket Number: 20-2038
Justia Opinion Summary: The district court found HOTF’s patent, which relates to a “method and apparatus for the continuous preparation of heated water flow for use in hydraulic fracturing” (fracking), unenforceable due to inequitable conduct.…
Date: October 13, 2021
Docket Number: 20-1441
Justia Opinion Summary: Mobility’s patent, titled “System, Apparatus, and Methods for Proactive Allocation of Wireless Communication Resources,” is “generally directed to the allocation of communication resources in a communications network.”…
Date: October 12, 2021
Docket Number: 20-1440
Date: October 12, 2021
Docket Numbers: 20-1852, 20-1854
Justia Opinion Summary: Traxcell sued Sprint and Verizon for infringement of four patents related to self-optimizing wireless networks and to navigation technology. All share a specification and a 2001 priority date. After claim construction…
Date: October 8, 2021
Docket Number: 20-2233
Justia Opinion Summary: Philbrook served in the Army, 2000-2004, then was awarded disability compensation for PTSD. In 2011, Philbrook stipulated to a judgment of “guilty except for insanity” in connection with a felony. He was ordered into the…
Date: October 7, 2021
Docket Number: 21-1638
Justia Opinion Summary: In 2012, Samsung contacted Kannuu, an Australian start-up that develops media-related products, inquiring about Kannuu’s remote control search-and-navigation technology. The companies entered into a non-disclosure…
Date: October 4, 2021
Docket Number: 20-1700
Justia Opinion Summary: Acceleration Bay appealed the district court's decisions construing certain claim terms in Acceleration Bay's four asserted patents, U.S. Patent Nos. 6,701,344, 6,714,966, 6,910,069, and 6,920,497, and granting 2K…
Date: October 4, 2021
Docket Number: 20-1940
Justia Opinion Summary: The Federal Circuit reversed the Patent Trial and Appeal Board's decision affirming an examiner's rejection of SurgiSil's design patent application, No. 29/491,550, concluding that the Board erred in holding that the…
Date: October 4, 2021
Docket Number: 20-2043
Justia Opinion Summary: The Federal Circuit reversed the district court's entry of judgment on the pleadings holding that the asserted claims of CosmoKey's U.S. Patent No. 9,246,903 are ineligible under 35 U.S.C. 101. The district court…
Date: October 4, 2021
Docket Number: 21-1009
Justia Opinion Summary: The Federal Circuit affirmed the U.S. Court of International Trade's decision sustaining the U.S. Department of Commerce's final results in the fifth administrative review of the antidumping duty order on large power…
Date: October 1, 2021
Docket Number: 20-1188
Justia Opinion Summary: Plaintiffs filed suit in Claims Court under the Tucker Act, alleging that the DOJ's Final Rule regarding bump-stock-type devices effected a taking for public use of their bump-stock-type devices by requiring the devices'…
Date: September 29, 2021
Docket Number: 20-1992
Justia Opinion Summary: Vivint sued Alarm.com for infringement of the 513 patent. Alarm.com unsuccessfully requested inter partes review (IPR). Later, Alarm.com requested ex parte reexamination of the 513 patent, repackaging its arguments. The…
Date: September 29, 2021
Docket Number: 20-2165
Justia Opinion Summary: Triple Canopy, a private security company, had six fixed-price contracts for security services in Afghanistan, awarded by the Department of Defense. Each contract required that Triple Canopy comply with local law and…
Date: September 28, 2021
Docket Number: 20-1685
Justia Opinion Summary: SRI alleged that Cisco infringed its patents, titled “Network Surveillance” and “Hierarchical Event Monitoring and Analysis.” A jury found infringement, awarded $23,660,000 in compensatory damages, and found that Cisco’s…
Date: September 24, 2021
Docket Number: 21-160
Justia Opinion Summary: Brazos filed lawsuits in the Western District of Texas charging Juniper, a Delaware corporation headquartered in California, with infringing patents that had been assigned to Brazos. Juniper moved to transfer the case to…
Date: September 8, 2021
Docket Number: 21-146
Justia Opinion Summary: The Patent Trial and Appeal Board instituted inter partes review proceedings, involving MaxPower patents. MaxPower sought a writ of mandamus to review those decisions. The Federal Circuit denied the petition. A decision…
Date: September 3, 2021
Docket Number: 20-2229
Date: September 2, 2021
Docket Number: 20-1044
Justia Opinion Summary: Wanxiang is a U.S. importer for Wanxiang Group, an automotive parts manufacturing company headquartered in China. In 1994-2001, Group and Wanxiang IE participated in Department of Commerce administrative reviews that…
Date: September 1, 2021
Docket Number: 19-2286
Justia Opinion Summary: Lubby’s patent is titled “Personal Vaporizer.” “Personal vaporizers are handheld devices that vaporize a vaporizing medium such as a liquid solution or a wax.” The patent relates to personal vaporizers that “will resist…
Date: September 1, 2021
Docket Number: 20-1196
Date: September 1, 2021
Docket Number: 20-1196
Justia Opinion Summary: Schiedmayer makes and sells celestas, keyboard instruments that resemble small pianos. and is the successor to a line of German companies that have sold keyboard musical instruments under the Schiedmayer name for nearly…
Date: September 1, 2021
Docket Number: 20-1799
Justia Opinion Summary: Epinephrine (adrenaline), a hormone that has been on the market since approximately 1938, is used for various medical purposes. It degrades by racemization and oxidation. A 1986 publication taught that “there is an…
Date: August 31, 2021
Docket Number: 20-2017
Justia Opinion Summary: In an antidumping duty investigation on U.S. imports of cold-drawn mechanical tubing from India, the Department of Commerce rejected Goodluck’s submission of supplemental data and relied on “adverse facts available”…
Date: August 26, 2021
Docket Number: 20-1248
Justia Opinion Summary: In 2013, Bullock, a civilian employed by the Army, received a formal letter of reprimand from her supervisor. Bullock filed an EEO claim alleging sex discrimination and retaliation. In proceedings before the EEOC’s…
Date: August 26, 2021
Docket Number: 20-1413
Justia Opinion Summary: MLC sued Micron for infringing certain claims of a patent, titled “Electrically Alterable Non-Volatile Memory with N-bits Per Cell,” describing methods of programming multi-level cells. The district court excluded…
Date: August 26, 2021
Docket Number: 20-1647
Justia Opinion Summary: Larson served on active duty for training in the Navy Reserves in 1988 and on active duty in the Navy, 1989-1993. He gained a substantial amount of weight before, during, and after his active service. In 2009, Larson…
Date: August 26, 2021
Docket Number: 20-1758
Justia Opinion Summary: T cells, white blood cells that contribute to the immune response, have naturally occurring receptors on their surfaces that facilitate their attack on target cells (such as cancer cells) by recognizing and binding an…
Date: August 26, 2021
Docket Number: 20-2044
Justia Opinion Summary: USR sued Apple for infringement of patents otherwise directed to similar technology, securing electronic payment transactions. The patents “address the need for technology that allows consumers to conveniently make…
Date: August 26, 2021
Docket Number: 21-1050
Justia Opinion Summary: DET sued Google for infringing its “Tab Patents,” which are directed to systems and methods for displaying and navigating three-dimensional electronic spreadsheets by implementing user-customizable “notebook tabs” on the…
Date: August 25, 2021
Docket Number: 20-2041
Justia Opinion Summary: In 2017 the Army issued a logistics support services solicitation, to award several indefinite-delivery, indefinite-quantity contracts—each covering services among six geographic commands, plus Afghanistan. Contracting…
Date: August 24, 2021
Docket Number: 20-1817
Justia Opinion Summary: CommScope sued Dali, alleging infringement of five of CommScope’s patents relating to telecommunications technology. Dali counterclaimed, alleging CommScope infringed two of Dali’s patents also relating to…
Date: August 23, 2021
Docket Number: 20-1734
Justia Opinion Summary: Imported goods are generally subject to tariffs, duties, fees, and taxes, such as an excise tax. A “drawback” is a customs transaction involving the refund of payments made upon the importation of a good. The most…
Date: August 19, 2021
Docket Number: 20-2344
Justia Opinion Summary: Gamon’s patents each claim “[t]he ornamental design for a gravity feed dispenser display.” Gamon’s commercial embodiment of the claimed designs is called the iQ Maximizer gravity feed dispenser, In 2002-2009, Gamon sold…
Date: August 18, 2021
Docket Number: 20-2321
Justia Opinion Summary: Hyatt is a prolific patent filer and litigant. In 1995, Hyatt filed “hundreds of extraordinarily lengthy and complex patent applications,” including the four at issue; he adopted an approach "that all but guaranteed…
Date: August 17, 2021
Docket Number: 20-1315
Justia Opinion Summary: The separate inter partes review (IPR) proceedings concerned the 688 patent, and the 229 patent, which have the same inventors and owner. Both are directed to controllers for games consoles. The Patent Board determined…
Date: August 16, 2021
Docket Number: 20-1747
Justia Opinion Summary: Teva’s patents, directed to methods of using humanized antagonist antibodies that target calcitonin gene-related peptide (CGRP), a 37-amino acid peptide that is “a neurotransmitter in the central nervous system, and has…
Date: August 16, 2021
Docket Number: 20-1876
Justia Opinion Summary: Teva's patents are directed to methods of using humanized antagonist antibodies that target calcitonin gene-related peptide (CGRP). CGRP is a 37-amino acid peptide that is “a neurotransmitter in the central nervous…
Date: August 12, 2021
Docket Number: 19-2025
Justia Opinion Summary: Rodriguez, a Supervisory Consumer Affairs Specialist with the VA Patient Advocate’s Office, engaged in a confrontation with a patient, yelling at the patient and using profanity. VA Police officers had to escort him…
Date: August 12, 2021
Docket Number: 20-1543
Justia Opinion Summary: PersonalWeb’s asserted patents claim priority from an application filed in 1995 and relate to data-processing systems that assign each data item a substantially unique name that depends on the item’s content. These…
Date: August 12, 2021
Docket Number: 21-1064
Justia Opinion Summary: In 2007, Connor began working as the Chief of Police Services for the Fayetteville, North Carolina VA Medical Center. After it was discovered that Connor had stored ammunition in a manner inconsistent with VA policy,…
Date: August 11, 2021
Docket Number: 20-1237
Justia Opinion Summary: The 268 patent is directed to seismometers for use in seismic exploration, which generally involves sending an acoustic signal into the earth and using seismic receivers called geophones to detect “seismic reflections”…
Date: August 9, 2021
Docket Number: 20-1997
Date: August 6, 2021
Docket Number: 20-1479
Justia Opinion Summary: Buffington served on active duty in the Air Force, 1992-2000. After leaving active duty service, Buffington sought disability benefits. The VA found that Buffington suffered from service-connected tinnitus, rated his…
Date: August 4, 2021
Docket Number: 20-2221
Justia Opinion Summary: In 1942-1943, the government contracted with the Oil Companies to rapidly expand aviation gas (avgas) production facilities and sell vast quantities of avgas to the government with an artificially low profit margin. The…
Date: August 3, 2021
Docket Number: 20-1812
Justia Opinion Summary: Limited is the assignee of the 180 patent, which is directed generally to a display unit configured to receive video signals from an external video source. Limited sued LG for patent infringement. After the district…
Date: August 3, 2021
Docket Number: 20-2009
Justia Opinion Summary: LBI is the corporate parent of retailers in the apparel and home product field, including Victoria’s Secret entities. LBI’s subsidiaries each maintain their own corporate, partnership, or limited liability company…
Date: August 2, 2021
Docket Number: 20-1715
Justia Opinion Summary: Dr. Islam, a tenured electrical and computer engineering professor at University of Michigan, received an additional appointment at UM’s medical school. Upon joining the faculty, he executed an employment agreement and…
Date: July 30, 2021
Docket Number: 19-1600
Justia Opinion Summary: The 2017 Veterans Appeals Improvement and Modernization Act (AMA) reforms the VA's administrative appeals system, 131 Stat. 1105, replacing the existing system, which had shepherded all denials of veteran disability…
Date: July 28, 2021
Docket Number: 20-1911
Justia Opinion Summary: Ortiz served during the Vietnam era, a “period of war,” under 38 U.S.C. 1110, which provides for compensation for service-connected disabilities. The VA denied Ortiz’s 1997 claim for disability benefits based on PTSD,…
Date: July 27, 2021
Docket Number: 20-1589
Justia Opinion Summary: Qualcomm’s patent relates to techniques for generating a power tracking supply voltage for a circuit that processes multiple radio frequency signals simultaneously, using one power amplifier and one power tracking supply…
Date: July 22, 2021
Docket Number: 20-1289
Justia Opinion Summary: Daikin sought inter partes review of claims 1–7 of the 609 patent and of claims 3 and 4 of the 431 patent. The 609 patent relates to a unique polymer for insulating communication cables formed by pulling wires through…
Date: July 20, 2021
Docket Number: 20-2014
Justia Opinion Summary: Borusan claimed that it was entitled to a post-sale price adjustment based on the total value of penalties it paid for late delivery of products (large diameter welded pipe) to a customer. The Trade Court agreed and…
Date: July 19, 2021
Docket Number: 21-1008
Justia Opinion Summary: ICE issued a solicitation for the provision of detention, food, and transportation at its Florence Detention Center. Asset was the incumbent contractor. ICE responded "yes" to, “Arizona charges 4.5% ‘business tax’; will…
Date: July 15, 2021
Docket Number: 20-1762
Justia Opinion Summary: Tadlock served in the Army, 1982-2003, including service in the Persian Gulf. In 2010, he suffered a pulmonary embolism (PE) that resulted in a heart attack. Tadlock sought presumptive service connection under 38 U.S.C.…
Date: July 15, 2021
Docket Number: 20-1857
Justia Opinion Summary: The Department of Commerce initiated a less-than-fair-value investigation into the importation of welded line pipe from Korea, focused on sales by two Korea-based respondents, SeAH and HYSCO. Commerce issued a…
Date: July 14, 2021
Docket Number: 20-1830
Justia Opinion Summary: TRI filed entries of citric acid, identifying India as the country of origin, which allowed TRI to file the subject entries as type 01 “consumption” entries, which are not subject to duties, rather than type 03…
Date: July 14, 2021
Docket Number: 20-1897
Date: July 14, 2021
Docket Number: 21-1596
Justia Opinion Summary: Straw claims that he was injured as an infant by contaminated water at Camp Lejeune in North Carolina and that his injury resulted in a mental disability. Straw previously sued under the Federal Tort Claims Act (FTCA).…
Date: July 13, 2021
Docket Number: 20-2157
Justia Opinion Summary: Under 19 U.S.C. 1862, if the President receives, and agrees with, a finding by the Secretary of Commerce that imports of an article threaten to impair national security, the President shall take action to alleviate the…
Date: July 13, 2021
Docket Number: 20-2218
Justia Opinion Summary: Bot sued Sony, alleging infringement of six patents related to gaming. The district court held a case management conference, during which Bot agreed to file an amended complaint. The district court dismissed Bot's…
Date: July 8, 2021
Docket Number: 20-1637
Justia Opinion Summary: Rudisill served three periods of active duty military service: 2000-2002 in the Army (30 months); 2004-2005 in the Army National Guard (18 months); and 2007-2011 as a commissioned Army officer (45 months). He received 25…
Date: July 2, 2021
Docket Number: 20-1649
Justia Opinion Summary: Adams, a member of the Arizona Air National Guard, worked in human resources for Customs and Border Patrol (the agency). In 2018, Adams performed three periods of National Guard military service. Between April 11 and…
Date: June 30, 2021
Docket Number: 19-2211
Justia Opinion Summary: The Department of Defense's experiments at Edgewood involved “volunteers,” including Taylor, who was on active duty, 1969-1971. Taylor signed a secrecy oath providing that he would not divulge any information related to…
Date: June 30, 2021
Docket Number: 21-139
Justia Opinion Summary: Ikorongo Texas was formed as a Texas LLC and, a month later, filed patent infringement complaints in the Western District of Texas. Although "Texas" claims to be unrelated to Ikorongo Tech, a North Carolina LLC, both are…
Date: June 17, 2021
Docket Number: 20-1073
Justia Opinion Summary: The “effective date of an award” of disability compensation to a veteran “shall not be earlier than the date” the veteran’s application for such compensation is received by the VA. 38 U.S.C. 5110(a)(1). Section…
Date: June 15, 2021
Docket Number: 20-2054
Date: June 14, 2021
Docket Number: 20-1771
Justia Opinion Summary: Vestal was an IRS Agent and routinely had access to personally identifiable and other taxpayer information. She received annual “Privacy, Information Protection and Disclosure training.” In 2018, Vestal received a notice…
Date: June 14, 2021
Docket Number: 20-2054
Date: June 11, 2021
Docket Number: 20-1760
Justia Opinion Summary: Yu sued for infringement of the 289 patent, titled “Digital Cameras Using Multiple Sensors with Multiple Lenses.” The district court dismissed the suit with prejudice after concluding that each asserted claim was…
Date: June 10, 2021
Docket Number: 20-1086
Justia Opinion Summary: Anania served in the Army, 1972-1975. In 2008, Anania sought an increased evaluation for the degenerative joint disease of his spine and major depressive disorder, and entitlement to a total disability rating based on…
Date: June 10, 2021
Docket Number: 20-1159
Justia Opinion Summary: The Department of Commerce conducted an antidumping investigation into “Pneumatic Off-The-Road Tires" from China and published results in 2008. In investigations concerning countries with non-market economies (NMEs),…
Date: June 10, 2021
Docket Number: 20-1848
Justia Opinion Summary: In 2006 Heat On-The-Fly began using a new fracking technology on certain jobs. Heat’s owner later filed a patent application regarding the process but failed to disclose 61 public uses of the process that occurred over a…
Date: June 9, 2021
Docket Number: 20-1789
Justia Opinion Summary: Langdon served on active duty in the Navy, 1980-1996. After leaving service, Langdon sought disability compensation for a “spine condition especially [the] thorac[ic] [and] lumbar regions.” The VA determined Langdon had…
Date: June 9, 2021
Docket Number: 20-1839
Justia Opinion Summary: Cameron filed a Notice of Disagreement (NOD) on behalf of an Army veteran in August 2005. The VA denied Cameron attorney’s fees under 38 C.F.R. 14.636(c), which permits an attorney to charge fees for services provided…
Date: June 9, 2021
Docket Number: 20-2168
Justia Opinion Summary: Snyder served in the Army for fewer than 50 days in 1974, during the Vietnam “period of war,” 38 C.F.R. 3.2(f). He received an honorable discharge when a knee injury rendered him unfit. Four decades later, he was…
Date: June 8, 2021
Docket Number: 20-1703
Justia Opinion Summary: The Census Bureau issued a request for quotations seeking statistical analysis system and database programming support services. The Bureau intended to issue a time and materials task order, set aside for women-owned…
Date: June 3, 2021
Docket Number: 20-1573
Justia Opinion Summary: SpeedTrack’s 360 patent discloses a “computer filing system for accessing files and data according to user-designated criteria.” The patent explains that prior-art systems “employ a hierarchical filing structure” and…
Date: June 3, 2021
Docket Number: 20-2067
Justia Opinion Summary: Lynch served on active duty in the Marine Corps, 1972-1976. In 2015, Lynch was evaluated on two separate occasions by Dr. Newsome, a private psychologist. Lynch described phobias about confined spaces, panic attacks,…
Date: June 2, 2021
Docket Number: 20-1476
Justia Opinion Summary: S.C. Johnson imported, from Thailand, Ziploc® brand reclosable sandwich bags, manufactured from polyethylene resin pellets, and tested to ensure compatibility with food contact. Customs classified the bags under…
Date: June 1, 2021
Docket Number: 18-2390
Justia Opinion Summary: Until 1995, a patent’s term was 17 years from the date of issuance, which incentivized certain patentees to delay by abandoning applications and filing continuing applications in their place to obtain patents at a…
Date: May 28, 2021
Docket Number: 20-1475
Justia Opinion Summary: Bio-Rad’s patents relate to the generation of microscopic droplets, contiguous fluid that is encapsulated within a different fluid, by using a microfluidic chip. Typically, the inner fluid is water-based, while the outer…
Date: May 28, 2021
Docket Number: 20-1937
Justia Opinion Summary: Becton petitioned for inter partes review of claims in Baxter’s patent, directed to “[s]ystems for preparing patient-specific doses and a method for telepharmacy in which data captured while following [a protocol…
Date: May 20, 2021
Docket Number: 20-2064
Justia Opinion Summary: Kirby received a flu shot in her arm on October 8, 2013. One week later, she complained of persistent arm pain, numbness, and tingling that began immediately after the injection. On October 16, Dr. Henry diagnosed Kirby…
Date: May 17, 2021
Docket Number: 20-1292
Justia Opinion Summary: When a Colorado court ordered Colorado Health Insurance Cooperative into liquidation, the government owed Colorado Health $24,489,799 for reinsurance debts under the Patient Protection and Affordable Care Act (ACA), 42…
Date: May 14, 2021
Docket Number: 19-1205
Justia Opinion Summary: In 2011, the Navy published a job announcement for an Event Forum Project Chief, a full-time, permanent, GS-13/14-grade position. Two candidates—Beck and Wible—were certified as qualified for the position. Captain…
Date: May 14, 2021
Docket Number: 20-1461
Justia Opinion Summary: Following two remands from the Trade Court in an antidumping duty investigation concerning certain corrosion-resistant steel products from India, the Department of Commerce granted Uttam a duty drawback adjustment under…
Date: May 13, 2021
Docket Number: 20-1399
Justia Opinion Summary: New Vision sued SG in the federal district court in Nevada. SG then filed Patent Trial and Appeal Board petitions. The Board declined to respect the forum selection agreement in the parties’ license agreement, which…
Date: May 13, 2021
Docket Number: 20-1548
Justia Opinion Summary: GSA leased a building from NOAA’s predecessor; the annual rent includes agreed “[b]ase year taxes.” GSA must compensate NOAA for “any increase in real estate taxes during the lease term over the amount established as…
Date: May 12, 2021
Docket Number: 19-2164
Justia Opinion Summary: PerDiemCo, a Texas LLC, is the assignee of the patents, which relate to electronic logging devices. PerDiemCo’s current sole owner, officer, and employee, Babayi, lives and works in Washington, D.C. PerDiemCo rents…
Date: May 12, 2021
Docket Number: 20-1403
Justia Opinion Summary: Modern telecommunications systems using Voice over Internet Protocol (VoIP) offer clients optional features, such as caller-ID, call waiting, multi-line service, and different levels of service quality known as the…
Date: May 11, 2021
Docket Number: 19-1506
Justia Opinion Summary: Samba asserted infringement of its 668 patent in the Northern District of California. In the Eastern District of Texas, Samba asserted its 356 patent, entitled “Targeting with Television Audience Data Across Multiple…
Date: May 11, 2021
Docket Number: 20-2155
Justia Opinion Summary: PacBio’s patents describe methods for sequencing a nucleic acid, such as DNA, using nanopore technology. PacBio sued Oxford for infringement. Before trial, the district court granted PacBio’s motion “to prevent [Oxford]…
Date: May 5, 2021
Docket Number: 20-2087
Justia Opinion Summary: Zinus’s patent is directed to “[a]n assemblable mattress support” that “can be shipped in a compact state with all of its components compactly packed into the headboard.” Cap sought a declaratory judgment that the…
Date: May 3, 2021
Docket Number: 20-1562
Justia Opinion Summary: In 1989, Bilzerian was convicted on nine counts of securities fraud, making false statements to the Securities and Exchange Commission, and conspiracy to commit certain offenses, and defraud the SEC and the Internal…
Date: April 30, 2021
Docket Number: 19-1780
Justia Opinion Summary: Flores-Vazquez served on active duty in the Navy, 1984-1988. In 1998, he sought service connection for depression for which he received treatment while onboard the U.S.S. Kitty Hawk. Flores-Vazquez claimed that he had…
Date: April 30, 2021
Docket Number: 20-1918
Justia Opinion Summary: Deacero challenged the Department of Commerce’s final results in the 2014–2015 administrative review of the antidumping duty order covering carbon and certain alloy steel wire rod from Mexico. The Trade Court sustained…
Date: April 29, 2021
Docket Number: 20-1354
Justia Opinion Summary: The Equal Access to Justice Act (EAJA), 28 U.S.C. 2412, requires that if statutory requirements are met, the federal government must reimburse attorneys’ fees of a party who prevails in a lawsuit against the government.…
Date: April 29, 2021
Docket Number: 20-1785
Justia Opinion Summary: 10X filed a complaint with the International Trade Commission, alleging that Bio-Rad’s importation and sale of microfluidic systems and components used for gene sequencing or related analyses violated the Tariff Act of…
Date: April 26, 2021
Docket Number: 20-1663
Justia Opinion Summary: Janssen challenged Customs and Border Protection’s classification of Janssen’s product darunavir ethanolate, the active ingredient in Prezista®, is a medication for the treatment of the human immunodeficiency virus (HIV)…
Date: April 19, 2021
Docket Number: 20-1838
Justia Opinion Summary: Morse served in the Navy, 1970-1972; including six months in Da Nang, Vietnam. In 1999, Morse filed a claim for compensation, listing several disabilities, including PTSD. A VA regional office granted him a…
Date: April 16, 2021
Docket Number: 19-2325
Justia Opinion Summary: The Housing Act, 42 U.S.C. 1437g, provides funds for public housing. The Department of Housing and Urban Development (HUD) allocates amounts in the fund to eligible public housing agencies (PHAs). Each of the 553…
Date: April 16, 2021
Docket Number: 20-1755
Justia Opinion Summary: Raytheon’s patent is directed to gas turbine engines, which generally consists of a fan section, a compressor section, a combustor section, and a turbine section. On inter partes review, the Patent Trial and Appeal…