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

Plaintiffs are the owner of the patents, which cover a modified-release dosage form of skeletal muscle relaxants (793) and a method of relieving muscle spasms with the formulation disclosed in the 793 patent, and the exclusive licensee of the patents. The district court found the patents invalid as obvious, but enjoined defendants from launching their generic product, pending appeal. The Federal Circuit reversed. The district court failed to consider the lack of a known pharmacokinetic/pharmacodynamic relationship for the claimed drug formulation and, therefore, erred when it assessed the importance of the teachings of the prior art to the obviousness analysis. The court rejected defendants' alternate argument that the patents were invalid for failure to disclose the best mode (35 U.S.C. 112), stating that the evidence supported a finding that the patents enable one of ordinary skill in the art to practice the inventor's preferred dew points.View "In re Cyclobenzaprine Hydrochloride Extended Release Casule Patent Litigation" on Justia Law

The 1868 Laramie Treaty, between tribes of Sioux Indians and the United States, included provisions that: “If bad men among the whites, or among other people subject to the authority of the United States, shall commit any wrong upon the person or property of the Indians, the United States will, upon proof ... proceed at once to cause the offender to be arrested and punished ... and also reimburse the injured person....”´and “If bad men among the Indians shall commit a wrong or depredation upon ...anyone ... subject to the authority of the United States ... the Indians ... will ... deliver up the wrong-doer ... the person injured shall be reimbursed ... from the annuities or other moneys due.” In 2008, two members of the Oglala Sioux Tribe were killed on the Pine Ridge Reservation by a non-Sioux, who was driving while intoxicated. The Claims Court dismissed a claim for reimbursement under the treaties. The Federal Circuit vacated. The “bad men” provisions are not limited to persons acting for or on behalf of the U.S. View "Richard v. United States" on Justia Law

BD applied to register with the U.S. Patent and Trademark Office a mark for "closures for medical collection tubes," asserting acquired distinctiveness based on five years of substantially exclusive, continuous use in commerce. The examining attorney refused registration under 15 U.S.C. 1052(e)(5) finding that the cap design was functional and that even if non-functional, the cap design was a non-distinctive configuration of the goods under 15 U.S.C. 1051-1052 and 1127. She found BD's declaration insufficient to show acquired distinctiveness under 15 U.S.C. 1052(f). The Trademark Trial and Appeal Board and the Federal Circuit affirmed on the basis that the cap is functional. View "In re Becton Dickinson & Co." on Justia Law

In 1992, at age 57, Navy veteran who served on active duty during the Korean Conflict began receiving pension benefits under 38 U.S.C. 1521(a) for non-service connected disabilities. He had a combined disability rating of 80% based on prostate cancer, osteoarthritis of both knees, glaucoma/cataracts, hypertension, hyperthyroidism, and major depressive disorder. The disabilities rendered him "permanently and totally disabled." In 2006, he applied for an enhanced pension under the special monthly rate (38 U.S.C. 1521(e)), seeking consideration for housebound status because he was older than 65 years of age and had a disability rating of more than 60%. The regional office denied the claim because he had received a pension under section 1521 before turning 65. The Board of Veterans’ Appeals denied an appeal. The Veterans Court reversed and remanded. The Federal Circuit reversed and remanded, overruling Veterans Court’s interpretation of 38 U.S.C. 1513(a) in Hartness v. Nicholson (2006). Veterans applying for special monthly pension benefits under section 1521(e) should be on equal footing regardless of when they apply for a pension, i.e., whether the veteran applies before or after turning 65 years old.View "Chandler v. Shinseki" on Justia Law

Plaintiff, a physician, sought compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. 300aa-1 to -34, alleging that Hepatitis B vaccination caused her multiple sclerosis. The Special Master dismissed her petition as untimely. The Court of Federal Claims affirmed. The Federal Circuit held that, contrary to precedent, the Act's statute of limitations is not jurisdictional, and that some claims brought under the Act are subject to equitable tolling. The court rejected a discovery rule and concluded that plaintiff's claim did not meet equitable tolling criteria. The Sixth Circuit subsequently remanded for a determination of whether plaintiff should be awarded reason-able attorneys’ fees and costs. Although she did not ultimately prevail on the merits, her appeal prompted a change of law in a limited way that potentially opens the door to certain Vaccine Act petitioners who otherwise would have been precluded from seeking redress. View "Cloer v. Sec'y of Health & Human Servs." on Justia Law

Norris was an SEC trial attorney from 1992, until he was removed in 2009. He had twice previously been disciplined for exercising poor judgment and misuse of government email. The firing was based on emails expressing political views, demeaning support staff, and sending a confidential suspicious activity report to an appointed receiver in violation of SEC policies. Norris claimed that the 2008 emails were influenced by his wife becoming fully disabled, his daughter suffering from Asperger's Disorder, and his own adult AD/HD. The union submitted the removal to arbitration. During the hearing, the arbitrator received testimony that Norris had a confrontation with agency commissioners in 2007 and that he was barred from presenting cases to commissioners in the future; Norris denied the allegation. Norris testified that his personal circumstances had improved. The arbitrator affirmed the firing. The Federal Circuit vacated, holding that the arbitrator should have considered evidence of post-removal change in circumstances to determine whether the penalty was reasonable. The court cautioned the arbitrator not to consider information not included in the notice of removal the 2007 incident). View "Norris v. Sec. & Exch. Comm'n" on Justia Law

Petitioner served 26 years in the U.S. Army. Following his discharge, he began working in a civil service position as a maintenance management specialist for the Department of the Navy. His appointment was subject to completion of a one-year probationary period. Petitioner had no previous federal civilian service. Before expiration of the probationary period, the agency notified petitioner that he would be terminated from his position for unacceptable performance. He sought to appeal to the Merit Systems Protection Board. The administrative judge found that petitioner had no statutory right of appeal to the Board and that, as a probationary employee, petitioner's rights before the Board were limited to those defined by OPM regulations allowing appeal only if the termination was based on partisan political reasons or was the result of discrimination based on marital status, 5 C.F.R. 315.806(b). The Board rejected petitioner's claim that his military service should count toward completion of the one-year period of continuous service needed to qualify for Board review. The Federal Circuit affirmed, holding that petitioner did not qualify as an employee within the meaning of 5 U.S.C. 7511(a)(1)(A). View "Wilder v. Merit Systems Protection Board" on Justia Law

The 435 patent relates to an automated financial accounting system that allows a user to connect to the computers of companies with which the user conducts business for transmission of financial information . Plaintiff asserted that Quicken and QuickBooks products infringed claims that contain an "access means" limitation. The parties agree that this is a means-plus-function limitation performed by a processor. As such, the specification of the 435 patent must contain an algorithm to perform the function associated with the "access mean"” limitation, or the limitation is indefinite. The district court entered summary judgment of invalidity. The Federal Circuit affirmed, holding that the "access means" limitation is indefinite. View "Noah Systems, Inc. v. Intuit, Inc." on Justia Law

Plaintiff's 561 and 512 pharmaceutical patents for "Taxotere" are related to administration of the chemotherapy cancer drug docetaxel (a successor to the cancer drug paclitaxel, covered by a now-expired patent). To stabilize the perfusion and delay precipitation, the cancer drugs are mixed with additives like surfactants and ethanol. Prior art used the surfactant Cremophor, but it was known to trigger serious allergic reactions. The 561 and 512 patents relate to using surfactants other than Cremophor and decreasing the amount of ethanol to reduce alcohol intoxication and anaphylactic effects in patients. After defendants applied for FDA approval to market generic versions of Taxotere, plaintiff claimed infringement, 35 U.S.C. 271(e). The district court found certain claims invalid for obviousness and that the patents were unenforceable for inequitable conduct. The Federal Circuit affirmed, concluding that withheld references to prior art were material View "Aventis Pharma S.A. v. Hospira, Inc." on Justia Law

The Trademark Trial and Appeal Board found that a service mark, NATIONAL CHAMBER, submitted by the Chamber of Commerce of the USA, was correctly refused registration for being merely descriptive under 15 U.S.C. 1052(e)(1). The Federal Circuit affirmed, finding the decision supported by substantial evidence. View "In re: Chamber of Commerce of the United States of America" on Justia Law