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

Dolby Laboratories Licensing Corporation (Dolby) owns U.S. Patent No. 10,237,577, which is directed to a prediction method using an in-loop filter. Unified Patents, LLC (Unified) filed a petition for inter partes review (IPR) challenging claims 1, 7, and 8 of the patent as anticipated and obvious. Unified certified it was the sole real party in interest (RPI). Dolby identified nine other entities it believed should also have been named as RPIs. The Patent Trial and Appeal Board (Board) declined to adjudicate whether these entities were RPIs and instituted the review with Unified as the sole RPI. The Board ultimately held that Unified failed to show any of the challenged claims were unpatentable.The Board's final written decision did not address the RPI dispute, explaining that there was no evidence any of the alleged RPIs were time-barred or estopped from bringing the IPR, or that Unified purposefully omitted any RPIs to gain an advantage. Dolby appealed the Board's decision, arguing that the Board's refusal to adjudicate the RPI dispute caused various harms, including potential breaches of license agreements, conflicts of interest, improper estoppel in future proceedings, and disincentivizing Unified from filing IPRs.The United States Court of Appeals for the Federal Circuit reviewed the case. The court held that Dolby failed to establish an injury in fact sufficient to confer standing to appeal. The court found Dolby's claims of harm to be too speculative, noting that Dolby did not provide evidence of any actual or imminent injury. The court dismissed the appeal for lack of standing and did not reach the merits of Dolby's substantive challenges. View "Dolby Laboratories Licensing Corporation v. Unified Patents, LLC" on Justia Law

The Department of Veterans Affairs (VA) issued a request for quotes for leasing a cranial surgical navigation system. Beacon Point Associates LLC submitted a quote, which included a payment schedule and terms stating the government must exercise all renewal options if it obtained sufficient funds. The VA awarded the contract to Beacon Point, which included the same payment schedule but did not explicitly incorporate the terms of Beacon Point’s quote.The Civilian Board of Contract Appeals dismissed Beacon Point’s appeal for failure to state a claim, determining that the contract did not incorporate the terms of Beacon Point’s quote. Beacon Point then appealed to the United States Court of Appeals for the Federal Circuit.The United States Court of Appeals for the Federal Circuit reviewed the case and affirmed the Board’s decision. The court held that the contract did not incorporate Beacon Point’s quote by reference. The court noted that the contract’s reference to the quote in block 29 did not clearly communicate an intent to incorporate the quote’s terms into the contract. The court emphasized that incorporation by reference requires clear and express language, which was absent in this case. Consequently, the VA retained complete discretion to exercise the option years as per the incorporated Federal Acquisition Regulation (FAR) clauses, and Beacon Point could not rely on the terms of its quote as binding obligations on the VA. The court affirmed the Board’s dismissal of Beacon Point’s appeal. View "Beacon Point Associates LLC v. Department of Veterans Affairs" on Justia Law

Two Italian pasta manufacturers, La Molisana S.p.A. and Valdigrano Di Flavio Pagani S.r.L., challenged the United States Department of Commerce's final results from the twenty-third administrative review of an antidumping order on certain pasta from Italy. The dispute centered on Commerce's methodology for determining the protein content of pasta, which affects the classification of pasta as either standard or premium quality. Commerce used the protein content listed on product labels, which is subject to U.S. FDA rounding rules and different nitrogen-to-protein conversion factors in the U.S. and Italy. La Molisana argued that this methodology caused inaccuracies in comparing pasta products.The United States Court of International Trade sustained Commerce's final results, concluding that La Molisana had not demonstrated that the alleged flaws in Commerce's methodology were commercially significant. The court found that Commerce's reliance on packaging labels for protein content fostered transparency and consistency, and that La Molisana's evidence, including a market report and a new definition from the Bologna Grain Exchange, was insufficient to compel a change in the protein breakpoint from 12.5% to 13.5%.The United States Court of Appeals for the Federal Circuit reviewed the case and found that Commerce's methodology failed to compare products based on identical physical characteristics, as required by statute. The court held that the FDA rounding rules and different nitrogen conversion factors introduced inaccuracies that Commerce could not dismiss as commercially insignificant. However, the court agreed with Commerce and the Trade Court that La Molisana's evidence did not provide a compelling reason to change the protein breakpoint. The Federal Circuit vacated the Trade Court's judgment regarding the rounding rules and nitrogen conversion factors, affirmed the judgment on the protein breakpoint, and remanded for further proceedings. View "La Molisana S.p.A. v. United States" on Justia Law

Alnylam Pharmaceuticals, Inc. filed two lawsuits against Moderna, Inc., ModernaTX, Inc., and Moderna US, Inc. (collectively Moderna) in the District Court for the District of Delaware. Alnylam alleged that Moderna’s mRNA-based COVID-19 vaccine SPIKEVAX® infringed U.S. Patent Nos. 11,246,933 and 11,382,979, which cover cationic lipids used for delivering nucleic acids. The dispute centered on the interpretation of the term “branched alkyl” in the patent claims, specifically whether it required a carbon atom bound to at least three other carbon atoms.The District Court for the District of Delaware concluded that Alnylam had acted as a lexicographer in defining “branched alkyl” in the patent specification. The court adopted Moderna’s proposed construction, which required that a “branched alkyl” must have a carbon atom bound to at least three other carbon atoms. Based on this construction, the parties stipulated that Moderna did not infringe the asserted patent claims, as Moderna’s product did not meet this requirement. The district court entered final judgment of noninfringement accordingly.The United States Court of Appeals for the Federal Circuit reviewed the case and affirmed the district court’s decision. The Federal Circuit agreed that the specification’s definition of “branched alkyl” was clear and unequivocal, requiring a carbon atom bound to at least three other carbon atoms. The court found no evidence in the claims, specification, or prosecution history that specified otherwise for the asserted claims. Consequently, the Federal Circuit upheld the district court’s claim construction and the resulting judgment of noninfringement. View "ALNYLAM PHARMACEUTICALS, INC. v. MODERNA, INC. " on Justia Law

General Jeffrey Bannister enlisted in the Army in 1979 and was married to Patricia Erickson from 1980 to 1996. As part of their divorce proceedings, General Bannister agreed to elect Ms. Erickson as his Survivor Benefit Plan (SBP) annuity beneficiary. In 1998, General Bannister married Trese Bannister. In 2017, he requested voluntary retirement, effective May 31, 2018, and elected Mrs. Bannister as his SBP annuity beneficiary. However, General Bannister died on May 27, 2018, before his retirement. Both Ms. Erickson and Mrs. Bannister submitted claims for the SBP annuity, and the Defense Finance and Accounting Service (DFAS) awarded it to Ms. Erickson based on the 1996 separation agreement.Mrs. Bannister appealed to the Defense Office of Hearings and Appeals (DOHA) and the Army Board for Correction of Military Records (ABCMR), both of which upheld the decision to award the annuity to Ms. Erickson. Mrs. Bannister then appealed to the United States Court of Federal Claims, which denied her motion and granted the government's motion, concluding that 10 U.S.C. § 1448(d)(3) precluded Mrs. Bannister from receiving the annuity.The United States Court of Appeals for the Federal Circuit reviewed the case. The court held that 10 U.S.C. § 1448(d) governs the entitlement to General Bannister’s SBP annuity because he died on active duty before retirement. The court determined that Mrs. Bannister is the correct beneficiary under § 1448(d)(1), which defaults to the surviving spouse. The court found that the exception under § 1448(d)(3) for a former spouse did not apply because Ms. Erickson failed to submit a timely written request for a deemed election as required by § 1450(f)(3). Consequently, the court reversed the decision of the Court of Federal Claims and remanded for a determination of the annuity benefits due to Mrs. Bannister. View "BANNISTER v. US " on Justia Law

Larry B. Herrington, a veteran who served in the U.S. Air Force, filed a claim in September 2009 for service connection for several gastrointestinal conditions, including Barrett’s disease, chronic gastritis, reflux disease, and hiatal hernia. The Department of Veterans Affairs (VA) regional office awarded service connection for gastroesophageal reflux disease (GERD) with a non-compensable evaluation. The Board of Veterans’ Appeals (Board) later awarded a 30% evaluation for GERD by analogy to the diagnostic code for hiatal hernia, Diagnostic Code (DC) 7346, but denied an evaluation in excess of 30%.The United States Court of Appeals for Veterans Claims (Veterans Court) affirmed the Board’s decision, concluding that the Board’s selection of DC 7346 was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Mr. Herrington appealed this decision, arguing that the Veterans Court should have applied a de novo standard of review rather than the deferential standard set forth in 38 U.S.C. § 7261(a)(3)(A).The United States Court of Appeals for the Federal Circuit reviewed the case and determined that the selection of an analogous diagnostic code for rating unlisted conditions involves questions of fact or the application of law to facts, which requires a deferential standard of review. The court concluded that the Veterans Court applied the correct standard of review and affirmed the decision of the Veterans Court. The Federal Circuit held that the Board’s selection of DC 7346 for rating Mr. Herrington’s GERD was appropriate and supported by the evidence. View "HERRINGTON v. COLLINS " on Justia Law

Sigray, Inc. filed a petition with the Patent and Trademark Office (PTO) requesting inter partes review of all claims of U.S. Patent No. 7,400,704, owned by Carl Zeiss X-Ray Microscopy, Inc. The patent claims X-ray imaging systems incorporating projection magnification. The PTO's Patent Trial and Appeal Board (PTAB) granted the petition, finding a reasonable likelihood that at least one of the challenged claims was unpatentable. However, in its final written decision, the PTAB declined to hold any of the asserted claims unpatentable. Sigray appealed the PTAB's decision regarding the unpatentability of claims 1-6 based on the prior art reference Jorgensen.The PTAB found that Sigray had not shown that Jorgensen inherently disclosed projection magnification within the claimed range. The PTAB concluded that there was a dispute about whether Jorgensen taught a diverging X-ray beam and found that Sigray failed to demonstrate that Jorgensen's X-ray beam diverged enough to result in projection magnification between 1 and 10 times.The United States Court of Appeals for the Federal Circuit reviewed the PTAB's decision. The court found that the PTAB had implicitly construed the claim limitation "between 1 and 10" to exclude small amounts of magnification, which was an error. The court held that the plain meaning of "between 1 and 10" includes even tiny, undetectable magnification. The court concluded that Jorgensen inherently contained projection magnification, as the evidence showed that Jorgensen's X-ray beams were not completely parallel and must result in some magnification. Therefore, the court reversed the PTAB's decision regarding claims 1, 3, and 4, finding them anticipated by Jorgensen. The court vacated the PTAB's decision regarding claims 2, 5, and 6 and remanded for further proceedings to determine if these claims would have been obvious in light of the opinion. View "SIGRAY, INC. v. CARL ZEISS X-RAY MICROSCOPY, INC. " on Justia Law

Rebecca Curtin filed an opposition to United Trademark Holdings’ (UTH) registration of the mark RAPUNZEL for dolls and toy figures, claiming the mark was generic, descriptive, and failed to function as a trademark. Curtin, a doll collector and mother, argued that the registration would harm consumers by reducing competition and increasing prices for Rapunzel merchandise. She also claimed it would chill the creation of new Rapunzel-themed dolls and toys.The Trademark Trial and Appeal Board (TTAB) dismissed Curtin’s opposition, concluding she was not statutorily entitled to oppose the registration under 15 U.S.C. § 1063. The TTAB applied the Lexmark framework, which requires a plaintiff to fall within the zone of interests protected by the statute and to show a reasonable belief in damage proximately caused by the registration. The TTAB found that Curtin, as a consumer, did not have a commercial interest protected by the Lanham Act and that her alleged injuries were too remote and speculative.The United States Court of Appeals for the Federal Circuit reviewed the case. The court affirmed the TTAB’s decision, agreeing that the Lexmark framework was correctly applied. The court held that the interests protected by the Lanham Act in this context are commercial, and Curtin, as a consumer, did not fall within the zone of interests. Additionally, the court found that Curtin’s alleged injuries were derivative of harms to commercial actors and too remote to establish proximate causation. Thus, Curtin was not entitled to oppose the registration of the RAPUNZEL mark. View "CURTIN v. UNITED TRADEMARK HOLDINGS, INC. " on Justia Law

Vetements Group AG filed applications to register two marks, "VETEMENTS" in standard characters and in stylized form, for clothing items and online retail store services featuring clothing. The United States Patent and Trademark Office (PTO) Examining Attorney refused the applications, asserting that the marks were generic or merely descriptive without acquired distinctiveness, and thus barred from registration under Section 2(e)(1) of the Trademark Act.The Trademark Trial and Appeal Board (Board) affirmed the Examining Attorney's refusal, applying the foreign equivalents doctrine. The Board found that "VETEMENTS," which translates to "clothing" in English, was generic for the identified goods and services. The Board also determined that the marks were highly descriptive and that Vetements Group AG failed to establish acquired distinctiveness among U.S. consumers.The United States Court of Appeals for the Federal Circuit reviewed the case and upheld the Board's decision. The court agreed that the foreign equivalents doctrine was correctly applied, noting that an appreciable number of Americans are capable of translating "VETEMENTS" from French to English. The court found substantial evidence supporting the Board's conclusion that the marks were generic, as they directly referred to the genus of goods and services in question. Consequently, the court affirmed the Board's decision to refuse registration of the marks. View "In Re VETEMENTS GROUP AG " on Justia Law

The case involves a patent interference proceeding between the Regents of the University of California, the University of Vienna, and Emmanuelle Charpentier (collectively “Regents”) and the Broad Institute, Massachusetts Institute of Technology, and the President and Fellows of Harvard College (collectively “Broad”). The dispute centers on the priority of invention for a CRISPR-Cas9 system that edits DNA in eukaryotic cells using a single-guide RNA.The Patent Trial and Appeal Board (PTAB) issued a final decision concluding that Broad has priority over Regents for the CRISPR-Cas9 system. The PTAB determined that Broad reduced the invention to practice by October 5, 2012, when Broad's scientist, Feng Zhang, submitted a manuscript to Science. The PTAB rejected Regents' earlier asserted dates of conception and reduction to practice, which were based on various disclosures and experiments conducted by Regents' scientists. The PTAB also denied Regents' motion to be accorded the benefit of the filing date of its first and second provisional patent applications, determining that they lacked written description support for the claimed invention.The United States Court of Appeals for the Federal Circuit reviewed the case. The court held that the PTAB legally erred by conflating the standards for conception and reduction to practice, requiring Regents' scientists to know their invention would work to prove conception. The court vacated the PTAB's decision on conception and remanded for reconsideration under the correct legal framework. The court affirmed the PTAB's decision on written description, finding no legal error in the PTAB's analysis. The court dismissed Broad's cross-appeal on claim construction as moot, as the PTAB's denial of Broad's preliminary motions was based on independently sufficient grounds unrelated to claim construction. View "THE BROAD INSTITUTE, INC. v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA " on Justia Law