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

Gaylord created “The Column,” sculptures representing soldiers that are the centerpiece of the Korean War Veterans' Memorial on the National Mall. The Postal Service issued a stamp commemorating the 50th anniversary of the armistice, with a photograph of The Column, licensed from a photographer. USPS issued roughly 86.8 million of the stamps, sold retail goods with the image, and licensed the image to retailers, without seeking Gaylord's permission. In 2006, Gaylord sued under 28 U.S.C. 1498(b) for copyright infringement. The Federal Circuit held that Gaylord owned the copyright and that USPS was liable for infringement, but remanded for determination of damages. The Court of Federal Claims rejected a claim for a 10 percent royalty on about $30.2 million in revenue allegedly generated by the infringing use, as well as a claim for prejudgment interest, finding that neither 28 U.S.C. 1498(b), which waives sovereign immunity for copyright infringement, nor the copyright infringement statute, 17 U.S.C. 504, authorizes a royalty-based award for copyright infringement and that the proper measure of damages was the reasonable value of a license, between $1,500 and $5,000. The Federal Circuit vacated and remanded for determination of market value of the infringing use and award of prejudgment interest. View "Gaylord v. United States" on Justia Law

Montgomery filed the 824 application in 2005, claiming priority to United Kingdom applications 9722026.3 (October 1997) and 9810855.8 (May 1998). The application is directed to inhibitors of the renin-angiotensin system (RAS), important in control of blood pressure and regulation of salt and water metabolism. The claims recite administering RAS inhibitors to patients diagnosed as in need of stroke treatment or prevention. The examiner rejected these claims as anticipated by each of prior art references. The Board of Patent Appeals and Interferences affirmed. The Federal Circuit affirmed. The contested claim elements were administration of ramipril, a known RAS inhibitor, to a patient diagnosed as in need of stroke treatment or prevention, where such administration is for treatment or prevention of stroke or its recurrence. Prior art discloses both requirements. View "In Re Montgomery" on Justia Law

The invention is an electronic program schedule system for television that allows the user to access and navigate program information. A user can access a display that lists programs alphabetically and can either scroll through this list or search it by entering the first few letters of a program title. The examiner rejected original claim 1, the selection means limitation, as obvious (35 U.S.C. 103) in light of prior art. The applicants amended and added claims 2-23, arguing that they overcame prior art by the means of using keys on the control device to select characters. The 733 patent issued. Within two years, the applicants filed a reissue application, adding claims. The examiner rejected claims 24-44 under 35 U.S.C. 251 because they improperly recaptured subject matter that was surrendered in the 733 application. The Board of Patent Appeals and Interferences affirmed, finding that the reissue claim was broader than the issued claim but narrower than the original claim and that the broadening related to surrendered subject matter. It concluded that the other potentially narrowing limitations, the wireless remote, nonalphanumeric keys, and changing limitations, were not overlooked during prosecution. The Federal Circuit vacated, holding that the Board misapplied the three-step test. View "In Re Youman" on Justia Law

Leader, a software company, owns the 761 patent, which discloses a system that manages data that may be accessed and created by multiple users over a network. The patent improves upon conventional systems by associating data "with an individual, group of individuals, and topical content, and not simply with a folder, as in traditional systems." The system achieves this improvement by having users collaborate and communicate through boards that are accessible through an Internet browser and appear as a webpage. To facilitate those user-facing functions, the data management system employs metadata, tagged to data being created, to capture the association between the data and its context. As users create and change their contexts, the data (files) and applications automatically follow. Prior to filing the 761 application in 2003, Leader developed Leader2Leader.® Facebook claimed that the earlier product, publicly used and on sale prior to December 10, 2002 fell within the scope of the asserted claims of the 761 patent, rendering them invalid under 35 U.S.C. 102(b). The district court ruled in favor of Facebook. The Federal Circuit affirmed, finding the verdict supported by substantial evidence. View "Leader Tech., Inc. v. Facebook, Inc." on Justia Law

The patent, titled "Automated Exchange for Trading Derivative Securities," discloses an invention directed to an automated exchange for trading options contracts that allocates trades among market professionals and that assures liquidity. The patent distinguishes an automated exchange from the traditional, floor-based "open-outcry" system, under which trading takes place through oral communications between market professionals at a central location in open view of other market professionals. The patent purports that it can "provide an automated system for matching previously entered orders and quotations with incoming orders and quotations on an exchange for securities, which will improve liquidity and assure the fair handling of orders." The district court held that the patent is not infringed by the trading system of Chicago Board Options Exchange. The Federal Circuit reversed in part. The district court erred in construing "system memory means," "matching," and "automated exchange." View "Chicago Bd. Options Exch., Inc. v. Int' Sec. Exch., L.L.C." on Justia Law

The FDA last approved a typical antipsychotic in 1975. Despite drawbacks, typical antipsychotics are still used to treat schizophrenia. In the early 1960s, researchers discovered clozapine, the first "atypical" antipsychotic, useful for treating both positive and negative symptoms. Clozapine had serious potential side effects and was withdrawn from clinical trials. The FDA approved no new antipsychotic drugs between 1976 and 1989, finally approving clozapine in 1990, only for certain patients, subject to blood testing. The FDA approved risperidone, an atypical antipsychotic, in 1994, and, since then, has approved seven other atypical antipsychotics, including aripiprazole. These are as effective as typical antipsychotics for treating positive symptoms, while also treating negative symptoms and causing fewer side effects than clozapine. Every approved atypical antipsychotic has chemical structure related either to clozapine or risperidone, except aripiprazole, the active ingredient in "Abilify," marketed by plaintiff for treatment of schizophrenia, bipolar disorder, irritability associated with pediatric autistic disorder, and as add-on treatment for depression. Anticipating expiration of the patent, companies submitted FDA Abbreviated New Drug Applications for approval of generic aripiprazole. The district court ruled in favor of plaintiff on patent infringement, 35 U.S.C. 103. The Federal Circuit affirmed, rejecting claims of obviousness and of nonstatutory double patenting. View "Otsuka Pharm. Co., Ltd. v. Sandoz, Inc." on Justia Law

Plaintiff worked as an airplane mechanic, in the Navy and for several airlines. In the 1960s, he devised a tool that could reach deep inside airplane engines without disassembling external components. In 2000, a patent issued to plaintiff for the extended reach pliers, based on an application written and prosecuted by defendant. Danaher, a customer of plaintiff's business, subsequently developed its own version of the ERP and began competing against the device. Plaintiff sued for malpractice, alleging that the patent was so negligently drafted that it offered no meaningful protection against infringers. Its expert proposed alternate claim language that allegedly could have been enforced against Danaher. The district court granted defendant summary judgment, based on the element of causation. The Federal Circuit affirmed. Plaintiff did not raise a genuine dispute of material fact as to the patentability of its alternate claims. Plaintiff failed to raise a single material fact in dispute as to the nonobviousness of the proposed alternate claims. View "Minkin v. Gibbons, P.C." on Justia Law

Plaintiff, a Naval Criminal Investigative Service engineer since 1984, agreed to a transfer in 2002. The transfer was delayed because of her mother’s poor health. Shortly before the transfer was to occur, she voluntarily responded to a summons to act as a grand juror. The Navy paid her while she served as a grand juror (5 U.S.C. 6322(a)), but ordered her to report to Washington year later and directed her not to seek or accept extension of her grand jury duties. She nonetheless was sworn in for a second term. The Navy declared her to be AWOL, the Merit Systems Protection Board dismissed an appeal, and she was terminated from her employment. The claims court granted summary judgment in favor of the government on pre-removal back pay claim and dismissed, for lack of subject matter jurisdiction, her post- removal claims for back pay, reinstatement, and other forms of compensation. The Federal Circuit reversed in part, holding that the claims court erred in interpreting 5 U.S.C. 6322(a), which entitles a grand juror to court leave when "summoned," regardless of whether the grand juror volunteered to be summoned. View "Hall v. United States" on Justia Law

The Department of Commerce investigated Essar's participation in several programs, including its purchase of iron ore from India's government-owned National Mineral Development Corporation and participation in programs under India's Special Economic Zone Act, and found that Essar received countervailable subsidies (19 U.S.C. 1677(5)(E)(iv)) from the government of India for certain hot-rolled carbon steel flat products. The Court of International Trade affirmed that holding, but remanded with respect to whether the company received subsidies through the Indian state of Chhattisgarh Industrial Program. The Federal Circuit affirmed with respect to the subsidies from the Indian government, but reversed with respect to the CIP. The lower court should have upheld Commerce's application of adverse facts against Essar; Essar did not act to the best of its ability during the review with regard to the CIP issue.View "Essar Steel, Ltd. v. United States" on Justia Law

Plaintiffs sought compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa, for injuries to their children allegedly caused by the Diptheria-Tetanus-acellular Pertussis vaccine. The children suffer a seizure disorder, known as Severe Myoclonic Epilepsy of Infancy. The same special master presided over both cases and determined that plaintiffs failed to show entitlement to compensation because evidence showed that a gene mutation present in both children was the sole cause of their injuries. The Court of Federal Claims affirmed. The Federal Circuit affirmed, noting considerable evidentiary support for the conclusion. View "Stone v. Sec'y of Health & Human Servs." on Justia Law