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

Accent’s 877 and 992 patents arose from the same patent application and share a nearly identical specification, disclosing a wire tier device that is used to bale recyclables or solid waste for easier handling. Accent claims that its 470 wire tire device is the commercial embodiment of the patents and that Leggett obtained a 470 device, studied, and eventually began selling its own copy of the 470 device (Leggett Pinnacle wire tire device). Accent acknowledges differences between the devices. Accent filed suit, asserting claims for infringement of the patents and a claim for violation of Mo. Rev. Stat. 417.450–.467. The Federal Circuit reversed the district court’s grant of summary judgment to Leggett with respect to construction of the terms “each” and “a respective one,” but affirmed summary judgment to Leggett with respect to other claims and dismissal of Accent’s Missouri Uniform Trade Secrets Act claims.View "Accent Packaging, Inv. v. Leggett & Platt, Inc." on Justia Law

Viegas served in the U.S. Army, 1965-1967. After leaving the service, he was injured in a diving accident, resulting in “incomplete” quadriplegia. In 2004, Viegas participated in a prescribed aquatic therapy session at a VA medical center. He used a restroom in the VA facility. The grab bar he used to lift himself into his wheelchair came loose from the wall and he fell to the ground. As a result of the fall, Viegas sustained injuries to his upper and lower extremities. Viegas’ medical condition deteriorated after his fall. Prior to his fall, Viegas could sometimes walk with a walker, but since the accident he can only stand with assistance. Viegas sought disability benefits under 38 U.S.C. 1151. A VA regional office denied the claim. The board affirmed, stating that such benefits are available only if additional disability results from injury that was part of the natural sequence of cause and effect flowing directly from the actual provision of hospital care, medical or surgical treatment, or examination furnished by the VA and such additional disability was directly caused by that VA activity. The Veterans Court affirmed. The Federal Circuit reversed, holding that the Veterans Court misinterpreted the causation requirement. View "Viegas v. Shinseki" on Justia Law

The court consolidated appeals by veterans claiming that their current disabilities are connected to injuries sustained during military service. In both cases, the veterans’ medical records contained at least one physician’s report opining that the claimed disabilities were service-connected and at least one ambiguous or inconclusive report declining to confirm such a nexus. The Department of Veterans Affairs relied on inconclusive opinions in denying the veterans entitlement to service-connected disability benefits, and the Board of Veterans’ Appeals affirmed. Finding that the medical examination did not comply with the Board’s instructions and that the Board failed to explain its reasons and bases for denying service connection, the U.S. Court of Appeals for Veterans Claims remanded. The Federal Circuit affirmed that remand, rather than reversal, was appropriate. View "Deloach v. Shinseki" on Justia Law

The Tote Towel is a large towel with binding around all the edges, zippered pockets at both ends, and an angled cloth loop in the middle. Hall applied for a design patent for the Tote Towel in 2008 and began producing the item soon after the filing, with a label marked “patent pending.” While the application was pending, Hall contacted Bed Bath & Beyond to discuss whether BB&B would sell the Tote Towel at retail stores. Hall left samples of packaged Tote Towels with BB&B. The package and the towel were marked “patent pending.” BB&B had copies of the Hall towel manufactured in Pakistan, for retail sale by BB&B. The patent issued, and Hall sued for patent infringement, unfair competition under the Lanham Act, and for misappropriation under New York law. The district court dismissed all claims and counterclaims on the pleadings. The Federal Circuit held that the counts of patent infringement, unfair competition, and misappropriation were not subject to dismissal on the pleadings, but affirmed dismissal of claims against BB&B executives who had been sued in their personal capacities, and affirmed dismissal of the counterclaims. View "Hall v. Bed Bath & Beyond, Inc." on Justia Law

In 2003 Habasit filed an infringement suit against Rexnord, then filed a request for reexamination of the 680 patent, which describes a mechanical conveyor belt that is formed of rows of belt modules interlinked by transverse rods. The interlinked modules form an endless belt that is capable of following a curved path. The spaces between the belt modules are blocked by plastic “webs” so that the spaces are too small to pinch small items such as a finger. The district court stayed the suit pending reexamination. The examiner held all of the claims in the 680 patent unpatentable for anticipation and obviousness. The PTO Board reversed and held the claims patentable. The Federal Circuit affirmed that the claims were not anticipated, but reversed and held that the claimed invention was obvious in view of prior art. View "Rexnord Indus., LLC v. Kappos" on Justia Law

The 314 patent, its continuation, the 492 patent, and the 639 patent, relate to electronic commerce; products are offered and purchased through computers interconnected by a network. The patents arise from a software system called “Transact,” developed in 1996 by Open Market. In 2001 Open Market was sold, with the Transact software and patents, to Divine, which was unable to provide support for the complex product and declared bankruptcy. Soverain acquired the Transact software and patents, then sued seven online retailers for patent infringement. The defendants, except Newegg, took paid up licenses to the patents. Newegg declined to pay, stating that its system is materially different and that the patents are invalid if given the scope asserted by Soverain: similar electronic commerce systems were known before the system; the Transact software was generally abandoned; and Newegg’s system, based on the different principle of using “cookies” on the buyer’s computer to collect shopping data, is outside of the claims. The district court awarded Soverain damages and an ongoing royalty and held that the claims were not invalid as obvious. The Federal Circuit reversed in part, holding that claims in the all of the patents are invalid for obviousness. View "Soverain Software, LLC v. Newegg, Inc." on Justia Law

Stephenson began receiving a Federal Employees Retirement System disability retirement, annuity and applied for SSA disability benefits, as required of applicants for FERS disability retirement. SSA determined that he was entitled to receive monthly SSA disability benefits; the Office of Personnel Management reduced his FERS annuity, 5 U.S.C. 8452(a)(2)(A); 42 U.S.C. 423. The Social Security Act allows a “trial work period,” without loss of benefits. Stephenson completed a nine-month trial work period and demonstrated ability to work. SSA notified Stephenson that he was not entitled to payments beginning September 2009, but that he could get a 36-month extended period of eligibility after the trial work period. Stephenson requested that OPM terminate the offset in his FERS annuity. OPM denied the request finding that he retained eligibility for Social Security benefits and that the offset did not depend on actual receipt of benefits. An administrative judge and the Merit Systems Protection Board denied appeals, acknowledging section 8452’s use of the word “entitled,” not “eligible,” but finding Stephenson remained “entitled” to SSA benefits during the 36-month period. The Federal Circuit reversed; because Stephenson performed substantial gainful activity during that period, he was not “entitled” to benefits under section 223 of the Social Security Act. View "Stephenson v. Office of Pers. Mgmt." on Justia Law

Allflex sought a declaratory judgment that Avid’s patents were unenforceable due to inequitable conduct and that Allflex was not liable for infringement. Avid counterclaimed, alleging infringement. The patents relate to Radio Frequency Identification technology used in locator tags attached to animals or objects. The district court ruled that Avid should be sanctioned for failing to disclose the existence of pending reexamination proceedings. After construing the claims, the district court granted summary judgment of non-infringement and granted partial summary judgment in favor of Allflex on its inequitable conduct claim. The court held that Avid’s failure to disclose information about prior public use and offers to sell one of its products was material to inequitable conduct, but concluded that there was a genuine issue of fact as to whether Avid’s president had the requisite intent to deceive the PTO, an element of Allflex’s claim. The parties entered into a settlement agreement: Avid agreed to pay Allflex $6.55 million, reserving the right to appeal certain issues. The Federal Circuit dismissed as moot, rejecting a claim that a live controversy existed under a provision that Avid’s settlement payment would be reduced by $50,000 if Avid was successful on any of its appeals. View "Allflex USA, Inc. v. Avid Identification Sys., Inc." on Justia Law

Parallel owns a patent, entitled “Method and Apparatus for Client-Server Communication Using a Limited Capability Client Over a Low-Speed Communications Link.” The application was filed in 1999 and addressed problems in using generic software applications on “handheld and credit-card-sized” computers, often operated over low-speed or wireless networks. Generic applications in that environment occupied considerable storage space on the host computer (they had to include capabilities for adapting to many different settings) and required multiple, data-intensive transfers of information between the server and the computer (they were not designed with the limitations of low-speed networks in mind). The patent’s solution was a “dynamically generated, transient applet,” a small program that typically performs one task. Applets and related technology, “plug-ins,” pre-dated the patent, and could be used to provide “dynamic” capabilities to web pages. The patent claimed a new type of applet, better suited to the needs of “limited capability clients.” Parallel sued 120 defendants with websites that provide applets in response to user requests in a manner that, according to Parallel, infringes the patent. The district court construed terms, including “executable applet,” “data interface capability,” and “dynamically generated” and ruled in favor of most of the defendants. The Federal Circuit affirmed. View "Parallel Networks, LLC v. Abercrombie & Fitch Co." on Justia Law

The plaintiff claimed that an influenza vaccination he received n 2004 at the age of 34 resulted in the onset of multiple sclerosis or significantly aggravated his preexisting, but asymptomatic, multiple sclerosis. A special master denied his claim for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. 300aa-1 to -34. The Claims Court and the Federal Circuit affirmed. View "W.C. v. Sec'y of Health & Human Servs." on Justia Law