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

The 690 patent is directed to a process for clarifying low alkalinity water using a blend of a high molecular weight quaternized polymer and an aluminum polymer. Claim 1 refers to a process for clarification of water of "raw alkalinity less than or equal to 50 ppm by chemical treatment." A jury found that the 690 patent was valid and indirectly infringed. The Federal Circuit reversed in part, holding that the verdict that the 690 patent was not invalid under 35 U.S.C. 102 was not supported by substantial evidence.The court affirmed that defendant did not misappropriate the trade secret described in claim 1. View "ClearValue, Inc. v. Pearl River Polymers, Inc." on Justia Law

The technology involves prosthetic vascular grafts, fabricated from highly-expanded polytetrafluoroethylene, and used to bypass or replace blood vessels to assure adequate and balanced blood flow to particular parts of the body. The 135 patent application was filed in 1974, but the patent did not issue until 2002. The district court found that the patent had been willfully infringed and was not invalid for improper inventorship, anticipation, obviousness, or lack of written description, and awarded enhanced damages, attorneys' fees and costs, and an ongoing royalty. The Federal Circuit affirmed, finding substantial evidence to support the jury verdict. View "Bard Peripheral Vascular, Inc. v. W.L. Gore & Assocs., Inc." on Justia Law

Plaintiff markets, under the name CRESTOR, a cholesterol-lowering drug, rosuvastatin calcium, a member of a class of drugs known as statins, and holds related patents, 314, 618, and 152. After filing its 2003 New Drug Application and obtaining FDA approval, the company complied with the Drug Price Competition and Patent Term Restoration Act of 1984 (Hatch-Waxman Act), notifying the FDA that those patents were among those it believed could be infringed by the unlicensed manufacture, use, or sale of rosuvastatin calcium to be published in the FDA's "Orange Book," 21 U.S.C. 355(b)(1). Defendants are generic pharmaceutical manufacturers that filed Abbreviated New Drug Applications with the FDA seeking to market generic rosuvastatin calcium. The district court ruled in favor of plaintiff in a case claiming infringement of the 314 patent. Plaintiff brought a second action, claiming that defendants' ANDA filings infringed the other patents. The district court dismissed. The Federal Circuit affirmed. Plaintiff failed to state a 35 U.S.C. 271(e)(2) claim based on defendants' existing ANDA filings, and claims premised on presumed future labeling amendments were not ripe for adjudication. View "AstraZeneca Pharmaceuticals, L.P. v Apotex Corp." on Justia Law

In an action under the Tariff Act, 19 U.S.C. 1337, the International Trade Commission found unfair trade practices based on infringement of Epson's U.S. patents by importation and sale of ink printer cartridges produced in China by Ninestar and imported into and sold in the U.S. by entities including Ninestar's subsidiaries, The Commission issued a general exclusion order, limited exclusion orders, and cease and desist orders. The Federal Circuit affirmed. Final Orders prohibited importation and sale of infringing cartridges, including cartridges in the inventory of U.S. subsidiaries. Subsidiaries continued to import and sell cartridges that were subject to the orders. An Administrative Law Judge determined that Ninestar was in violation and levied a penalty under 19 U.S.C. 1337(f)(2). The Commission reduced the penalty. The Federal Circuit affirmed, finding Ninestar China jointly and severally liable for the penalty ($55,000 per day, a total of $11,110,000) along with the U.S. subsidiaries. Ninestar was aware that refurbishing and reselling spent cartridges, not first sold in the U.S., would be patent infringement View "Ninestar Tech. Co., Ltd. v. Int'l Trade Comm'n" on Justia Law

The 547 and 052 patents relate to technology for weighing objects, such as large commercial trucks. Mettler sued B-Tek alleging infringement of certain claims of the patents. The district court construed the claims and the jury found that B-Tek did not infringe any of the asserted claims and that the asserted claims of the 052 patent would have been obvious. The Federal Circuit affirmed, holding that the court correctly construed the claims, particularly: "circuit means associated with said counterforce, said circuit means being responsive to external control," "means for producing digital representations of loads applied to said counterforce," and "means for transmitting said digital representations." Substantial evidence supported the verdict. The court properly denied sanctions for Mettler's alleged withholding and destruction of documents; the documents were not highly relevant.View "Mettler-Toledo, Inc. v. B-TEK Scales, LLC" on Justia Law

Plaintiffs, domestic producers, sought distributions under the Continued Dumping and Subsidy Offset Act of 2000, since repealed, which directed the government to distribute collected duties to domestic producers harmed by dumping, 19 U.S.C. 1675c(a). Plaintiffs also sought to compel assessment and collection of additional anti-dumping duties, claiming that U.S. Customs has failed to collect $723 million $771 million in assessed anti-dumping duties. The U.S. Court of International Trade dismissed. Certain counts were dismissed for lack of standing on the ground that plaintiffs were not intended third-party beneficiaries of bond contracts intended to cover anti-dumping penalties. Other counts were dismissed for for lack of subject matter jurisdiction or failure to state a claim. The Federal Circuit affirmed in part and vacated in part, finding alternate grounds for dismissal. The court lacked jurisdiction over claims against the sureties. Plaintiffs do not qualify as intended third-party beneficiaries. View "Sioux Honey Ass'n v. Hartford Fire Ins. Co." on Justia Law

In 2005, plaintiff filed the 261 application and requested an interference based on defendant's 213 patent. The Board of Patent Appeals and Interferences held that the single count of the interference, drawn to humanized antibodies, was barred under 35 U.S.C. 135(b)(1). The Federal Circuit affirmed. View "Adair v. Carter" on Justia Law

Plaintiff, a concessionaire for a recreation facility at Lake Berryessa, made improvements for a resort, boat ramps, roads, sewage system, retaining walls, water purification plant, and parking. Before its agreement expired, plaintiff and others sued, under the Tucker Act (28 U.S.C. 1491(b)(1)-(4)) challenging a plan for soliciting new concessionaire bids, claiming that the federal agency had to require new concessionaires to compensate for facilities. The Court of Federal Claims held that outgoing concessionaires had to remove or abandon the facilities, unless the government required that they remain, in which case concessionaires would receive compensation for selected facilities. The Federal Circuit affirmed. When plaintiff's agreement expired in 2008, it left intact facilities behind, although the government did not request that it do so. Two years later, the government contracted with a new company. Plaintiff claims that the company or the government have used the facilities and filed a complaint, claiming that the government should be found to have retrospectively required their retention. The claims court dismissed based on issue preclusion and that plaintiff had no property interest in the facilities after expiration of the lease. The Federal Circuit affirmed, finding that the government did not "require" that the facilities be left. View "Laguna Hermosa Corp. v. United States" on Justia Law

In 2009, plaintiff applied for an IT specialist position with the Miami VA Healthcare System. He did not get the job and, after exhausting rights before the Department of Labor, filed an appeal, asserting that the VA violated his rights relating to veteran's preference. The AJ concluded that the Merit Systems Protection Board had no authority to review the merits of the VA’s non-selection of plaintiff. The Board agreed. The Federal Circuit vacated. There is no way to determine whether the Veterans' Preference Act (58 Stat. 390) has been violated without examining the grounds for non-selection. The Board has jurisdiction to determine whether the VA properly afforded plaintiff the right to compete for the job and properly determined, in accordance with 5 C.F.R. § 302.302(d), that he was not qualified for the position View "Lazaro v. Dep't of Veterans Affairs" on Justia Law

Plaintiffs accused Sony and Sony entities of infringing claims of a patent relating to a tactile feedback system for computer video games. The district court construed disputed claim terms and the parties stipulated to a judgment of noninfringement. The Federal Circuit vacated and remanded, finding that the district court improperly limited the term "attached to said pad" to mean attachment only to an external surface and erred in its construction of the term "flexible." View "Thorner v. Sony Computer Entm't Am., LLC" on Justia Law