Justia U.S. Federal Circuit Court of Appeals Opinion Summaries

Recentive Analytics, Inc. owns four patents related to the use of machine learning for generating network maps and schedules for television broadcasts and live events. The patents are divided into two groups: the "Machine Learning Training" patents and the "Network Map" patents. The Machine Learning Training patents focus on optimizing event schedules using machine learning models, while the Network Map patents focus on creating network maps for broadcasters using similar techniques. Recentive sued Fox Corp. and its affiliates for patent infringement.The United States District Court for the District of Delaware dismissed the case, ruling that the patents were directed to ineligible subject matter under 35 U.S.C. § 101. The court found that the patents were focused on the abstract idea of using generic machine learning techniques in a specific environment without any inventive concept. Recentive acknowledged that the patents did not claim the machine learning techniques themselves but rather their application to event scheduling and network map creation.The United States Court of Appeals for the Federal Circuit reviewed the case and affirmed the district court's decision. The Federal Circuit held that the patents were directed to abstract ideas and did not contain an inventive concept that would transform them into patent-eligible applications. The court noted that the use of generic machine learning technology in a new environment, such as event scheduling or network map creation, does not make the patents eligible. The court also rejected Recentive's argument that the increased speed and efficiency of the methods rendered them patent-eligible. The Federal Circuit concluded that the district court did not err in denying leave to amend, as any amendment would have been futile. View "RECENTIVE ANALYTICS, INC. v. FOX CORP. " on Justia Law

Sage Products, LLC (“Sage”) challenged the final written decisions of the Patent Trial and Appeal Board (“Board”) which found all challenged claims of two of its patents unpatentable. The patents in question, U.S. Patent Nos. 10,398,642 and 10,688,067, relate to a sterilized chlorhexidine product in a package, such as an applicator filled with an antiseptic composition for disinfecting skin. The key claims at issue include claims 1-3, 5-8, 10-18, and 20 of the ’642 patent and claims 1-3, 5-8, and 10-19 of the ’067 patent.The Board relied on four key pieces of prior art in finding Sage’s claims unpatentable: the ChloraPrep Public Assessment Report (“PAR”), British Standard EN 556-1 (“BS EN-556-1”), U.S. Patent Application Publication 2015/0190535 (“Degala”), and U.S. Patent Publication No. 2014/0371695 (“Chiang”). The Board found that a skilled artisan would understand the PAR’s references to “sterile” to mean “sterilized” as used in the Sage patents. The Board determined that the PAR disclosed all elements of the challenged claims, including the sterilized chlorhexidine gluconate composition and the sterilized applicator.The United States Court of Appeals for the Federal Circuit reviewed the Board’s findings and affirmed the judgment. The court held that substantial evidence supported the Board’s findings that a skilled artisan would understand the PAR to describe a “sterilized” composition and product. The court also found that the Board correctly determined that the PAR disclosed the limitations of the dependent claims, including the “sterilized colorant” and the sterility assurance level (SAL) of 10-3 to 10-9. The court rejected Sage’s procedural arguments, finding no abuse of discretion in the Board’s reliance on expert testimony and other evidence to interpret the PAR. The court concluded that the Board’s decision was supported by substantial evidence and affirmed the Board’s finding of unpatentability. View "SAGE PRODUCTS, LLC v. STEWART " on Justia Law

Heritage Alliance offers voter guides under the names “iVoterGuide” and “iVoterGuide.com.” In January 2019, the American Policy Roundtable (APR) filed for registration of the marks “iVoters” and “iVoters.com.” Heritage opposed APR’s registration, claiming that APR’s marks would likely be confused with Heritage’s marks, for which Heritage claimed priority of use. The Trademark Trial and Appeal Board (Board) of the United States Patent and Trademark Office (PTO) found that Heritage’s prior-use marks were not protectable because they were highly descriptive and had not acquired distinctiveness, and dismissed the opposition.The Board determined that Heritage had begun using its iVoterGuide marks well before APR’s first use date. However, the Board found that APR effectively conceded likelihood of confusion. Despite this, the Board ruled that Heritage’s prior-use marks were not protectable as trademarks because they were highly descriptive and had not acquired distinctiveness. The Board found that the marks were highly descriptive as they clearly described the service offered, and that Heritage’s evidence of acquired distinctiveness was insufficient.The United States Court of Appeals for the Federal Circuit reviewed the Board’s decision. The court affirmed the Board’s findings that the iVoterGuide marks were highly descriptive and had not acquired distinctiveness. The court found that the Board’s determination was supported by substantial evidence, including the descriptive nature of the marks and the limited additional evidence of acquired distinctiveness. The court concluded that the Board’s decision to dismiss the opposition was correct and affirmed the dismissal. View "HERITAGE ALLIANCE v. AMERICAN POLICY ROUNDTABLE " on Justia Law

Azurity Pharmaceuticals, Inc. filed a lawsuit against Alkem Laboratories Ltd. under the Hatch-Waxman Act, alleging infringement of claims 5, 7, 8, and 9 of U.S. Patent No. 10,959,948. The patent pertains to non-sterile drinkable liquid formulations containing the antibiotic vancomycin. Alkem had submitted an Abbreviated New Drug Application (ANDA) for a product that Azurity claimed infringed on their patent.The United States District Court for the District of Delaware conducted a two-day bench trial and concluded that Alkem’s ANDA did not infringe any of the asserted claims of the ’948 patent. The court found that Azurity had disclaimed any presence of propylene glycol in the prosecution history of the ’948 patent. Since Alkem’s ANDA product contained propylene glycol, the court ruled in favor of Alkem. Azurity argued that a stipulation made during discovery should preclude Alkem’s disclaimer argument, but the district court found this interpretation unpersuasive.The United States Court of Appeals for the Federal Circuit reviewed the case and affirmed the district court’s decision. The Federal Circuit agreed that Azurity had clearly and unmistakably disclaimed propylene glycol during the prosecution of the ’948 patent. The court also found that the stipulation regarding suitable flavoring agents did not preclude the application of the disclaimer. Consequently, the presence of propylene glycol in Alkem’s ANDA product established non-infringement of the ’948 patent claims. The Federal Circuit affirmed the district court’s judgment, holding that Alkem’s ANDA product did not infringe the asserted claims of the ’948 patent. View "AZURITY PHARMACEUTICALS, INC. v. ALKEM LABORATORIES LTD. " on Justia Law

Joshua Smith was substituted in his deceased veteran father’s appeal to the Board of Veterans’ Appeals. The Board denied Mr. Smith’s request for an earlier effective date for benefits for service-connected injuries based on allegedly newly associated service department records. The U.S. Court of Appeals for Veterans Claims affirmed the Board's decision.The Department of Veterans’ Affairs (VA) regional office initially granted service connection for PTSD effective from the date of the 2010 request to reopen the claim. Mr. Smith, Sr. appealed for an earlier effective date. The Board remanded the case to obtain complete records, and the regional office found a PTSD diagnosis from 2007 but did not grant an earlier effective date. After Mr. Smith, Sr. died, the Board dismissed the appeal as moot. Joshua Smith was substituted as the claimant, and the Board granted an earlier effective date based on the 2007 diagnosis but limited Mr. Smith’s eligibility to accrued benefits necessary for last sickness or burial expenses. The regional office calculated the total accrued benefits and deferred a decision on payment pending evidence of expenses.The United States Court of Appeals for the Federal Circuit reviewed the case. The court determined that Mr. Smith’s appeal was moot because, as a substituted party, he was only entitled to reimbursement for last sickness and burial expenses, which amounted to $1,143. Since the accrued benefits already exceeded this amount, any decision granting an earlier effective date would not affect the outcome for Mr. Smith. The court dismissed the appeal. View "SMITH v. COLLINS " on Justia Law

In 2008, the plaintiff, ams-OSRAM USA Inc. (formerly Texas Advanced Optoelectronic Solutions, Inc. or TAOS), sued Renesas Electronics America, Inc. (formerly Intersil Corporation) in the Eastern District of Texas. TAOS alleged patent infringement and state-law claims of trade secret misappropriation and breach of a confidentiality agreement related to ambient-light sensors. The patent claim is no longer at issue. TAOS claimed that Intersil used confidential information disclosed during merger discussions to develop competing products.The district court entered a judgment in 2015 based on a jury verdict, awarding TAOS damages for trade secret misappropriation but not for breach of contract, deeming the latter duplicative. In 2018, the Federal Circuit affirmed Intersil’s liability for trade secret misappropriation on a narrower basis, vacated the monetary award, and remanded for further proceedings. The court also vacated the judgment denying contract damages as duplicative.On remand, the district court held additional proceedings, including a new jury trial. The court awarded TAOS $8,546,000 in disgorged profits for trade secret misappropriation, $17,092,000 in exemplary damages, and reasonable royalties for breach of contract totaling $6,637,693. The court also awarded prejudgment interest and attorneys’ fees. Both parties appealed.The United States Court of Appeals for the Federal Circuit affirmed the district court’s findings on the trade secret and contract claims, including the disgorgement and exemplary damages awards. However, the court reversed the finding that the trade secret became properly accessible in January 2006, determining the correct date to be February 28, 2005. The court affirmed the 26-month head-start period and the inclusion of profits from sales to Apple for the iPod Touch in the disgorgement award. The court vacated the prejudgment interest awards and remanded for further consideration of the appropriate accrual dates for interest on sales occurring after the complaint was filed. View "AMS-OSRAM USA INC. v. RENESAS ELECTRONICS AMERICA, INC. " on Justia Law

Donald Forest submitted a patent application for an "Apparatus for Selecting from a Touch Screen" to the United States Patent and Trademark Office (USPTO) on December 27, 2016. The Patent Trial and Appeal Board (PTAB) affirmed in part the examiner’s rejection of certain claims under 35 U.S.C. § 103 and nonstatutory double patenting. Forest appealed this decision.The PTAB reviewed the case and upheld the examiner's rejection of certain claims in Forest's patent application. Forest did not dispute that his application was filed more than a year after the expiration date of any resulting patent, which would have been in 2015. The USPTO raised a jurisdictional issue, arguing that Forest had no personal stake in the appeal because he could not be granted enforceable rights by a patent with zero term. Forest argued that he would still acquire "provisional rights" under 35 U.S.C. § 154(d) if the USPTO issued him an expired patent.The United States Court of Appeals for the Federal Circuit reviewed the case and disagreed with Forest's interpretation of the statute. The court held that provisional rights are granted only when a patent would issue with exclusionary rights, meaning before its expiration date. Since Forest's patent would issue after its expiration date, he would not receive any enforceable rights. Consequently, the court dismissed the appeal. View "In Re FOREST " on Justia Law

United Water Conservation District (United) filed a lawsuit against the United States, seeking just compensation for an alleged taking under the Fifth Amendment. United claimed that the National Marine Fisheries Service (NMFS) required it to increase the amount of water bypassing its diversion dam to protect an endangered species of trout, resulting in a loss of water that United could otherwise use for beneficial purposes.The United States Court of Federal Claims dismissed United's complaint for lack of subject matter jurisdiction, determining that the claim should be evaluated as a regulatory taking. The court reasoned that United had not yet exhausted its administrative remedies by applying for and being denied an incidental-take permit under the Endangered Species Act, making the claim not ripe for adjudication.The United States Court of Appeals for the Federal Circuit reviewed the case and affirmed the lower court's decision. The appellate court agreed that United's claim was regulatory in nature, as the NMFS's actions did not constitute a physical appropriation of water already diverted by United. Instead, the actions required more water to remain in the river, representing a regulatory restriction on United's use of the water. The court held that United's claim was not ripe because it had not yet obtained a final agency action by applying for and being denied an incidental-take permit. Therefore, the dismissal for lack of subject matter jurisdiction was appropriate. View "UNITED WATER CONSERVATION DISTRICT v. US " on Justia Law

George Roseberry, a U.S. Army veteran, sustained a lower back injury during his service from 1977 to 1989. In March 1994, he filed a claim for service connection related to degenerative disc disease, which was denied three months later. Between 1998 and 2005, he made several unsuccessful attempts to reopen his claim. On July 20, 2021, the Veterans Court remanded his case to the Board of Veterans’ Appeals, concluding his appeal on October 12, 2021. On November 13, 2021, Roseberry filed an application for attorney fees under the Equal Access to Justice Act (EAJA), which was one day late.The United States Court of Appeals for Veterans Claims dismissed Roseberry’s EAJA application as untimely. The court found that the application was due on November 12, 2021, 30 days after the effective date of the mandate, October 12, 2021. Roseberry’s counsel had mistakenly relied on the date the mandate was entered on the docket, October 15, 2021, leading to the late filing. The court determined that equitable tolling was not warranted as there were no “extraordinary circumstances” to justify the delay.The United States Court of Appeals for the Federal Circuit reviewed the case and affirmed the Veterans Court’s decision. The Federal Circuit agreed that the correct standard for equitable tolling is “extraordinary circumstances,” as established by precedent. Roseberry’s late filing was due to ordinary neglect, which does not meet the threshold for equitable tolling. Consequently, the Federal Circuit upheld the dismissal of Roseberry’s EAJA application as untimely. View "ROSEBERRY v. COLLINS " on Justia Law

The case involves an appeal by the named inventors of U.S. Patent Application No. 11/005,678, which is directed to logistics systems and methods for the transportation of goods. The application was rejected by an Examiner under pre-AIA 35 U.S.C. § 102(e) as anticipated by a published patent application (Lettich) and under 35 U.S.C. § 103 as obvious over Lettich in view of another reference (Rojek). The inventors appealed the rejection to the U.S. Patent Trial and Appeal Board (Board).The Board initially reversed the Examiner's rejections but later granted the Examiner's request for rehearing, determining that Lettich did qualify as prior art under pre-AIA § 102(e). The Board then sustained the Examiner's anticipation and obviousness rejections. The inventors appealed the Board's decision to the United States Court of Appeals for the Federal Circuit.The Federal Circuit reviewed the case and found that the Board conducted an incomplete analysis in determining whether Lettich qualifies as prior art under § 102(e). Specifically, the court held that it is not sufficient to show that a single claim in the prior art application is supported by the provisional application; the specific portions of the application relied on in the rejection must also be supported by the provisional application. The court vacated the Board's decision and remanded the case for further analysis to determine whether the Lettich Provisional Application provides written description support for the specific disclosures in Lettich that the Examiner identified and relied on in the prior art rejections. View "In Re RIGGS " on Justia Law