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

Plaintiff is a veteran with a service-connected disability rated at 80 percent, which makes him a "preference eligible" veteran, 5 U.S.C. 2108(3)(C). He applied for attorney positions at the Social Security Administration and at the U.S. Attorney's Office, informing both that he was a preference eligible veteran. Both agencies selected other applicants, at least one of whom was not preference eligible. He filed complaints with the Department of Labor. The agencies concluded that 5 U.S.C. 3320 did not apply to require that agencies "file written reasons" and receive permission from the Office of Personnel Management if they pass over a preference eligible who is among the highest three eligibles available for appointment on a certificate furnished by OPM. The Board agreed that attorneys are exempt from any examination or rating requirements. The Federal Circuit affirmed. The Board properly concluding that the agencies were exempt from the procedures and were not required to file written reasons with OPM and seek permission before selecting other candidates. View "Jarrard v. Dep't of Justice" on Justia Law

Hematology controls are used to monitor and test the accuracy and consistency of hematology analyzers, which clinical laboratories use to analyze patient blood samples by measuring components of whole blood. Plaintiff and defendant manufacture and sell hematology control products. In 1999, plaintiff filed a patent application directed to an integrated reticulocyte control; about two months later, defendant filed its application. In 2003, after some of plaintiff's patents issued, defendant copied claims from those patents into its pending application and asked the PTO to declare an interference to determine priority of invention. While the request was pending, defendant began manufacturing and selling integrated hematology controls. Plaintiff filed an infringement suit. The district court dismissed invalidity counterclaims with respect to claims plaintiff did not include in its infringement allegations; ruled in favor of plaintiff on enablement; and issued an injunction in favor of plaintiff. The Federal Circuit affirmed. The district court properly refused to address the validity of unasserted claims and correctly denied written description and enablement defenses as a matter of law. View "Streck, Inc. v. Research & Diagnostic Sys., Inc." on Justia Law

The Tribes share an interest in a Wyoming Reservation. Consolidated suits, filed in 1979, claimed that the government breached fiduciary and statutory duties by mismanaging the Reservation's natural resources and income derived from exploitation of those resources. The Court of Federal Claims divided the suit into phases. One addressed sand and gravel and has been settled. The other two phases were devoted to oil and gas issues. An issue concerning the Government's failure to collect royalties after October, 1973 has been resolved. The final phase concerned pre-1973 oil and gas royalty collection and a series of discrete oil-and-gas issues. In 2007, the court granted the government judgment on the pleadings, finding that the claim was not filed within six years of the date on which it first accrued. The Federal Circuit vacated, finding that the claim asserted a continuing trespass, so that the Tribes can seek damages for trespasses which occurred within six years of the filing of this suit and all trespasses that occurred after the filing of this suit. The Tribes must establish that the government had a duty to eject trespassers from the parcels. View "Shoshone Indian Tribe v. United States" on Justia Law

The patent claims methods for preparing multi-cryopreserved hepatocytes (a type of liver cell), used for evaluating drug candidates. The owner claimed infringement and obtained a preliminary injunction. The Federal Circuit affirmed. The district court acted within its discretion in finding likelihood of success on the merits, considering defenses of non-infringement, obviousness, written description, and inequitable conduct. The court considered and properly addressed the public's interest in obtaining an adequate supply of pooled multi-cryopreserved hepatocyte products. View "Celsis In Vitro, Inc. v. Cellzdirect, Inc." on Justia Law

In 2010 the Department of Defense began the process of procuring digital planetariums for use in teaching astronomy. Before posting its intention to sole-source the contract, the Department communicated with its existing vendor to inquire about terms. The Department posted notice of intent to award a sole-source contract to that vendor, stating that if any party challenged the award, it should file a statement, detailing its capability to fulfill the order. The Department approved a Justification and Authorization as required for a sole-source procurement, indicating that curriculum standards and lessons for the vendor's components are already in place. In response to a statement by another bidder, the Department had its existing vendor provide additional specifications to add to the notice. After the contract was awarded to the existing vendor, plaintiff complained to a congressman, then filed suit. The Court of Federal Claims held that plaintiff could not demonstrate prejudice, a prerequisite for standing, because it did not have a substantial chance of winning the contract, having failed to submit a statement of capability. The Federal Circuit affirmed, holding that plaintiff was not an interested party. View "Digitalis Educ. Solutions, Inc. v. United States" on Justia Law

The veteran, discharged in 1966, suffered service-related loss of use of an arm and both legs and injuries to buttocks, thighs, hips, and torso. In 1967 a regional office awarded compensation at the total disability rate (38 U.S.C. 314(j) (now 1114)), additional special compensation at the rate between subsections (l) and (m), and under subsection (k); it did not award aid and attendance because then-law required a special compensation rating of (o). In 1970, the office awarded special compensation under subsections (m) and (k), retroactive to 1966. With changes in the law, his rating increased to (n). A 1979 amendment provided that a veteran is eligible for a&a if rated under subsection (o) or between (n) and (o) and under (k). In 1992, the office granted service connection for a seizure disorder. This qualified for a full-step increase to (o) (38 C.F.R. 3.350(f)(4)), and the veteran was awarded a&a effective 1991, the date of the diagnosis. The Board refused to assign an effective date before 1991. On second remand the Veterans Court affirmed the Board's rejection of a claim concerning a&a for the injuries assessed in 1966. The Federal Circuit affirmed, characterizing the claim as disagreement with the regional office's factual findings. View "Pimentel v. Shinseki" on Justia Law

The 2006 patent, entitled "Surgical Devices Having a Polymeric Material with a Therapeutic Agent and Methods for Making Same" and the 2007 patent, entitled "Surgical Devices Containing a Heat Bondable Material with a Therapeutic Agent" have identical specifications and are directed to a surgical implant in which a polymeric material is bonded by heat to an expandable implant, where the polymer includes a therapeutic agent such as an antibiotic. The owner of the patents sued. The district court made a finding of noninfringement. The Federal Circuit affirmed the finding and construction of the term "bonded." The district court then declared the case exceptional under 35 U.S.C. 285 and awarded defendant attorney and expert witness fees totaling $4,683,653.03. The Federal Circuit affirmed. The district court opinion indicates its finding that plaintiff acted in bad faith in filing a baseless infringement action and continuing to pursue it despite no evidence of infringement and engaged in vexatious and unjustified litigation conduct that unnecessarily prolonged the proceedings and forced defendant to incur substantial expenses. View "MarcTec, LLC v. Johnson & Johnson" on Justia Law

Plaintiff owns registration for the mark G THE GOODYMAN. An examining attorney rejected defendant's application to register GOODY MAN for bakery goods, on the ground of likelihood of confusion with G THE GOODYMAN; the rejection is on appeal to the Trademark Trial and Appeal Board. Defendant filed a petition for cancellation of registration for G THE GOODYMAN, citing grounds of fraud and abandonment. Based on failure to comply with discovery orders, the Board entered default judgment against plaintiff and cancelled his registration of G THE GOODYMAN. On remand from the Federal Circuit, the Board held that the suspension of proceedings as required by Rule 2.127(d) was not automatic with plaintiff's filing of a motion for summary judgment, reinstated its default judgment, and cancelled plaintiff's trademark registration. The Federal Circuit affirmed, stating that default was reasonable, in light of plaintiff's repeated failures to comply, regardless of the court's reading of the Rule. View "Bendict v. Super Bakery, Inc." on Justia Law

Plaintiff's husband served in the U.S. Army, 1958-1959, and was discharged due to rheumatic heart disease. The Board of Veterans' Appeals denied a claim for service-related benefits in 1959 and denied subsequent claims. In 1985, husband died of an acute myocardial infarction. The Board denied plaintiff dependency and indemnity compensation, 38 U.S.C. 1310. In 1992, plaintiff sought to reopen the 1986 decision. The request was denied in 1999; the Veterans Court affirmed in 2002. The Federal Circuit remanded, holding that the government failed to rebut the presumption of soundness, 38 U.S.C. 1111 with evidence that husband's heart disease was not aggravated by his military service. On remand, the Veterans Court affirmed the denial on alternate grounds; the Federal Circuit again remanded. Plaintiff's claim was then granted and she sought attorney fees and expenses under the Equal Access to Justice Act, 28 U.S.C. 2412. The Veterans Court denied the claim, finding that the VA's position was supported by then-existing precedent. The Federal Circuit reversed. The Veterans Court failed to consider all of the factors surrounding the erroneous denial, particularly that the government had adopted an interpretation of section 1111 that was unsupported by the plain language of the statute or legislative history. View "Patrick v. Shinseki" on Justia Law

The Tariff Act of 1930 provides for two types of duties on imports that injure domestic industries: antidumping duties on goods sold in the U.S. at less than fair value, 19 U.S.C. 1673, and countervailing duties to offset subsidies on goods from a foreign government (1671(a)). In the case of goods exported from market economy countries (non-NME countries), both antidumping and countervailing duties may be imposed. The U.S. Court of International Trade ordered the Department of Commerce not to impose countervailing duties on goods from China, a NME country. The Trade Court held that Commerce's 2007 interpretation of countervailing duty law as permitting the imposition of such duties was unreasonable because of the high likelihood of double counting when both countervailing duties and antidumping duties are assessed against goods from NME countries. The Federal Circuit affirmed on different grounds. In amending and reenacting countervailing duty law in 1988 and 1994, Congress legislatively ratified earlier consistent administrative and judicial interpretations that government payments cannot be characterized as subsidies in a NME context, therefore countervailing duty law does not apply to NME countries.View "GPX Int'l Tire Corp. v. United States" on Justia Law