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

Conforto worked for the Department of the Navy for 39 years; she alleges that she was forced to retire in 2010 because of events motivated by age and sex discrimination, and retaliation for prior equal employment opportunity activity. Her parking space was taken away; her subordinate was promoted over her; and she was denied permission to attend training. After Conforto submitted retirement papers but before her retirement became effective, her supervisor criticized her work, issued a formal letter of reprimand, denied a request for sick leave, and proposed to suspend her. After her retirement the agency charged her with improperly copying materials from her work computer, gave her a negative appraisal, and denied a bonus or raise for 2010. The Department concluded that she had not been subjected to discrimination or retaliation and had retired voluntarily. The Merit Systems Protection Board dismissed her appeal for lack of jurisdiction, finding her retirement voluntary. The Federal Circuit affirmed, rejecting a challenge to its jurisdiction under the Supreme Court’s decision in Kloeckner v. Solis (2012). Jurisdiction exits under 5 U.S.C. 7702(a)(1) in “mixed cases,” in which an employee has been affected by an action which the employee may appeal to the Merit Systems Protection Board and alleges discrimination. View "Conforto v. Merit Sys. Protection Bd." on Justia Law

The U.S. Department of Commerce used a practice known as “zeroing” to determine antidumping duties in administrative reviews, even though Commerce no longer uses zeroing in investigations establishing antidumping orders. Using zeroing, negative dumping margins (margins of sales of merchandise sold at nondumped prices) are given a value of zero and only positive dumping margins (margins for sales of merchandise sold at dumped prices) are aggregated, to avoid a negative number that would offset a positive margin for another averaging group. The statute, 19 U.S.C. 1677(35)(A), does not mention zeroing. However, Commerce has emphasized language that the dumping margin “means the amount by which the normal value exceeds the export price or constructed export price of the subject merchandise.” Commerce attributes the differing interpretations as necessary to comply with international obligations, while preserving a practice that serves recognized policy goals. Following two remands, the Court of International Trade and Federal Circuit affirmed. No rule of law precludes Commerce from interpreting the statute differently in different circumstances as long as it provides an adequate explanation. View "Union Steel v. United States" on Justia Law

In the mid-1990s, Biogen scientists discovered that patients with Chronic Lymphocytic Leukemia could be treated using anti-CD20 antibodies like Biogen’s Rituxan. Biogen obtained the 612 patent covering a method for treating patients with CLL involving administering a therapeutically effective amount of the anti-CD20 antibody, entitled “Treatment of Hematologic Malignancies Associated with Circulating Tumor Cells Using Chimeric Anti-CD20 Antibody.” The patent was not limited to any particular type of antiCD20 antibody. In 2002, GSK and Genmab developed a breakthrough anti-CD20 antibody, Arzerra, which is distinctly different from Rituxan in several respects. Unlike Rituxan, which is a chimeric antibody, Arzerra is a fully human antibody, with less risk that the body will reject it and it can bind longer, giving the antibody more time to kill the target B cell. In 2010, Biogen sued GSK for infringement. The district court applied a construction of “anti-CD20 antibody” that narrowed the term based on prosecution history disclaimer. Under that construction, Biogen stipulated that it could not prove infringement and appealed the claim construction. The Federal Circuit affirmed; the district court did not err in finding a clear and unmistakable disclaimer. View "Biogen Idec, Inc. v. GlaxoSmithKline, LLC" on Justia Law

First introduced in 1960, combined oral contraceptive (COC) “birth control pills,” deliver synthetic hormones that regulate the natural ovarian cycle and prevent pregnancy. Bayer filed an application directed to a low-dose, extended-regimen COC in 1993, which eventually led to the 564 patent. Bayer received final approval to market YAZ in the U.S. in 2006. Defendants filed Abbreviated New Drug Applications with the U.S. Food and Drug Administration seeking approval to market generic versions of YAZ, with certifications asserting that the 564 patent is invalid (21 U.S.C. 355(j)(2)(A)(vii)(IV). Bayer responded with patent infringement actions. The district court entered summary judgment that the patent’s claims are not invalid for obviousness in view of numerous cited prior art references. The Federal Circuit reversed, finding that Bayer did not present evidence that overcomes the plain disclosures and express motivation to combine those disclosures in the prior art. View "Bayer Healthcare Pharma, Inc. v. Watson Pharma, Inc." on Justia Law

In 1903 the railroad acquired a right-of-way for a 100-foot wide, 76-mile long, strip across Arizona land near the Mexican border. After operating for about 100 years, the railroad initiated proceedings to abandon the railway with the Department of Transportation’s Surface Transportation Board, which issued a Notice of Interim Trail or Abandonment (NITU) in 2006 authorizing conversion to a public trail under the National Trails System Act Amendments of 1983, 16 U.S.C. 1247(d). The landowners sued, alleging that issuance of the NITU constituted a compensable taking. The claims court dismissed, reasoning that the government had not physically invaded the property. The Federal Circuit reversed and held that the takings claim accrued when the 2006 NITU issued. During discovery on remand, the government produced a NITU affecting the property that had issued in 1998. There was no indication that the NITU was published; the landowners submitted declarations that they were not aware of the 1998 NITU. The claims court held that the limitations period began in 1998 and that the claims were time-barred. The Federal Circuit reversed. In these circumstances, the government’s interest in bright-line legal rules must yield to the landowners’ right to receive actual or constructive notice that their claims have accrued. View "Ladd v. United States" on Justia Law

Vazquez-Claudio is a Vietnam veteran. Following his service, Vazquez-Claudio filed a claim with the VA seeking disability compensation for post-traumatic stress disorder. In 2005, after finding that his PTSD was service- connected, the VA granted his request for benefits with an effective date in June, 1994. The VA rated Mr. Vazquez-Claudio’s PTSD as 50 percent disabling, Vazquez-Claudio appealed, arguing entitlement to a 70 percent rating. He had been unable to work since 1994, when he left his job as a police officer as the result of an emotional breakdown following a prisoner’s suicide. The Board of Veterans’ Appeals found that other than occasional suicidal ideation, social isolation, and some difficulty adapting to stressful situations, none of his symptoms corresponded to impairment greater than 50 percent. The Veterans Court agreed, stating that “[t]he issue before the Board was not how many ‘areas’ Mr. Vazquez-Claudio has demonstrated deficiencies in but, rather, ‘the frequency, severity, and duration of the psychiatric symptoms, the length of remissions, and Mr. Vazquez-Claudio’s capacity for adjustment during periods of remission.’” The Federal Circuit affirmed. View "Vazquez-Claudio v. Shinseki" on Justia Law

Morsa’s patent application, entitled “Method and Apparatus for the Furnishing of Benefits Information and Benefits,” discloses both a method and an apparatus for receiving a benefit-information request from a user, searching a benefit information database for benefits matching the request, and then returning benefit information to the user. In the specification, Morsa defines benefits as any “‘things’ of value” given away to target entities. The Board of Patent Appeals and Interferences affirmed rejection of multiple claims. The Federal Circuit affirmed in part, finding that many claims would have been obvious in light of prior art. Vacating in part, the court held that the Board performed an incorrect enablement analysis in determining that certain claims were anticipated. View "In re: Morsa" on Justia Law

Saffran is the owner and sole named inventor of the 760 patent, entitled “Method and Apparatus for Managing Macromolecular Distribution,” which concerns “treatment of injured tissues within human or animal bodies, specifically ... the way injured tissues are joined and the way macromolecules are directed to promote healing.” The patent discloses methods and devices for treating injured tissues by sequestering particles and macromolecules in a defined space using a selectively permeable barrier. The specification primarily describes the invention in terms of a strategy for treating serious bone fractures, known as complex or comminuted fractures, where the bone has been shattered into numerous fragments. The district court held Cordis liable for infringing multiple claims of the patent. The Federal Circuit reversed, holding that the district court erroneously construed the “device” and “release means” limitations of the asserted claims. View "Saffran v. Johnson & Johnson" on Justia Law

Kahrs imports engineered wood flooring panels for distribution to flooring wholesalers. Kahrs classified the products as “assembled parquet panels” under the Harmonized Tariff Schedule of the United States (HTSUS) subheading 4418.30.00, a duty-free provision for “Builders’ joinery and carpentry of wood, including cellular wood panels and assembled parquet panels; shingles and shakes: parquet panels.” Customs subsequently liquidated Kahrs’ merchandise under HTSUS 4412, which covers “plywood, veneered panels and similar laminated wood,” at a duty rate of eight percent ad valorem. Customs denied a protest and the Court of International Trade found that Customs correctly classified Kahrs’ merchandise as plywood under heading 4412. The Federal Circuit affirmed. View "Kahrs Int'l, Inc. v. United States" on Justia Law

In 1983, the Nuclear Waste Policy Act established a plan for spent nuclear fuel (SNF) generated by nuclear power plants, 42 U.S.C. 10101–10270. The Act made utilities responsible for SNF storage until the U.S. Department of Energy (DOE) accepts the material. The Secretary of Energy entered into contracts with nuclear utilities to accept SNF in return for payment of fees. The Act provided that the Nuclear Regulatory Commission “shall not issue or renew a license” to any nuclear utility unless the utility has entered into a contract with DOE or DOE certifies ongoing negotiations. Nuclear utilities, including the owner of the Entergy nuclear power stations, entered into contracts and began making payments, which have continued. By 1994, DOE knew it would be unable to accept SNF by the Act’s January 31, 1998 deadline. In 1995, DOE issued a “Final Interpretation” that took the position that it did not have an unconditional obligation to begin performance on that date. Entergy sued, asserting that DOE’s partial breach caused it to incur additional costs for SNF storage. The claims court struck an unavoidable delay defense, based on a prior decision rejecting DOE’s argument that its failure was “unavoidable” under the contract. The Federal Circuit affirmed. View "Entergy Nuclear Fitzpatrick, LLC v. United States" on Justia Law