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

Realtime’s 812 patent discloses “[s]ystems and methods for providing lossless data compression and decompression . . . [that] exploit various characteristics of run-length encoding, parametric dictionary encoding, and bit packing.” ’ Run-length encoding is a form of lossless data compression where a “run” of characters is replaced with an identifier for each individual character and the number of times it is repeated. In inter partes review, the Patent and Trademark Office’s Patent Trial and Appeal Board found that all of the challenged claims would have been obvious over the prior art, 35 U.S.C. 103(a). The Federal Circuit affirmed. The Board was not required to make any finding regarding a motivation to combine given its reliance on the prior art alone, which disclosed every element of claims 1–4, 8, and 28. In relying on the prior art alone, the Board did not violate section 312(a)(3) or other notice requirements. The Board did not expressly construe the phrase “maintaining a dictionary,” but found that the prior art satisfied this limitation because it disclosed all of the steps in dependent claim 4. View "Realtime Data, LLC v. Iancu" on Justia Law

During World War II, the Hanford Nuclear Reservation was established by the U.S. Army Corps of Engineers. After the war, Hanford continued in use, operated by contractors. Each time the work was transferred to another contractor, the employees that performed the work would stay the same, typically with the same pay and benefits. The Hanford Multi-Employer Pension Plan (MEPP) was established in 1987 as a contract between “Employers,” defined as named contractors, and “Employees.” The government is not a party to the MEPP but may not be amended without government approval. In 1996, some employees accepted employment with a Hanford subcontractor, Lockheed, and were informed that, upon their retirement, they would not receive retirement benefits that were previously afforded under the MEPP. They were subsequently told that they would remain in the MEPP but that, instead of calculating their pension benefits based on their total years in service, their benefits would be calculated using the highest five-year salary, and that they could not challenge the change until they retired. This became a MEPP amendment. In 2016, former Lockheed employees sued the government, alleging that an implied contract was breached when they did not receive benefits based on their total years in service. The Federal Circuit held that the former employees did not prove that an implied-in-fact contract existed. The government funds Lockheed and others to manage Hanford, but there is no evidence that the government intended to be contractually obligated to their employees; there was no mutuality of intent. View "Turping v. United States" on Justia Law

AC’s 680 patent relates generally to data access and management. The Patent Trial and Appeal Board held that certain claims were unpatentable. On reconsideration, it invalidated the remaining claims based on a ground of unpatentability raised by Amazon’s petition but not addressed in the final written decision. AC argued that the Board exceeded its authority and deprived it of fair process by belatedly considering this ground. The Federal Circuit upheld the Board’s decision. Precedent mandates that the Board consider all grounds of unpatentability raised in an instituted petition. The Board complied with due process and did not err in either its claim construction or its ultimate conclusions of unpatentability. As AC admits, after the Board decided to accept Amazon’s rehearing request and consider Ground 3, it permitted AC to take discovery and submit additional briefing and evidence on that ground. View "AC Technologies S.A. v. Amazon.com, Inc." on Justia Law

For 33 years, Jenkins worked for the Army, finally as a Supervisory Army Community Services Division Chief. In 2010-2012, Jenkins continually failed performance reviews and once served a suspension for submitting an Information Paper to a higher command without routing and gaining required approval through his first-level supervisor. Jenkins was put on a Performance Improvement Plan (PIP). After notifying Jenkins that he failed his PIP, his supervisor asked Jenkins whether he would move to a non-supervisory position at the same grade and pay level, Jenkins refused. Jenkins’s first-level supervisor proposed his removal for unacceptable performance. After receiving notice, but before he was removed, Jenkins sent his first-level supervisor an email, stating that “[e]ffective 31 March 2012 I will retire.” Jenkins submitted responses challenging his removal; on March 21, the Army issued a Final Removal Decision effective April 1, 2012. That same day, it issued a Cancellation of Removal, conditioned on Jenkins retiring effective March 31. Jenkins then submitted Standard Form-50, stating “voluntary retirement” effective 31 March 2012 as his reason for resignation. Jenkins later appealed to the Merit Systems Protection Board alleging that his retirement was involuntary. The Federal Circuit affirmed the Board’s dismissal for lack of jurisdiction, reasoning that the Army had rescinded the removal and nothing indicated Jenkins sought to withdraw his retirement before the effective removal date; Jenkins failed to make a non-frivolous claim. View "Jenkins v. Merit Systems Protection Board" on Justia Law

Following a positive drug test, DHS removed Hansen from his position as an Information Technology Specialist for U.S. Customs and Border Protection. After failing the drug test, Hansen had submitted a letter to the agency, claiming that he had unknowingly consumed pot brownies prepared by a friend-of-a-friend’s neighbor, a stranger to him, at a barbeque. The Merit Systems Protection Board affirmed. Hansen appealed, arguing that the Board improperly assigned him the burden of proving that he inadvertently ingested marijuana, that it erred in finding his position was subject to random drug testing, and that even if it was subject to such testing, he lacked required notice of that fact. The Federal Circuit affirmed, holding that intent is not an element of the charged conduct and that the Board properly required Hansen to introduce rebuttal evidence to counter the government’s showing of nexus and choice of penalty. Substantial evidence supports the Board’s finding that Hansen’s position was designated for random drug testing. View "Hansen v. Department of Homeland Security" on Justia Law

Marco Guldenaar filed the provisional application from which the 196 patent application claims priority in 2010. The 196 patent application, entitled “Casino Game and a Set of Six-Face Cubic Colored Dice,” relates to “dice games intended to be played in gambling casinos, in which a participant attempts to achieve a particular winning combination of subsets of the dice.” The Patent Trial and Appeal Board affirmed the rejection of claims 1–3, 5, 7–14, 16– 18, and 23–30 the application under 35 U.S.C. 101 for claiming patent-ineligible subject matter. The Federal Circuit affirmed, holding that the claims are directed to the abstract idea of rules for playing a dice game and the only arguably inventive concept relates to the dice markings, which constitute printed matter. View "In re: Marco Guldenaar Holding B.V." on Justia Law

Spineology’s patent describes an “expandable reamer” for use in orthopedic surgery. Wright manufactures a reamer known as the X-REAM®. In 2015, Spineology sued Wright, alleging the X-REAM® infringes its patent. The district court refused to adopt either party’s construction of the term “body” but construed “body” consistent with Wright’s noninfringement position and granted Wright summary judgment. Wright then sought attorney fees, 35 U.S.C. 285, arguing Spineology’s proposed construction of “body,” its damages theories, and its litigation conduct rendered the case “exceptional.” The Federal Circuit affirmed the denial of the motion. While ultimately the court rejected Spineology’s proposed construction, the attempt was not so meritless as to render the case exceptional. The court determined “the arguments made by Spineology to support its damages theory . . . are not so meritless as to render the case exceptional” and “[n]othing about this case stands out from others with respect to the substantive strength of Spineology’s litigating position or the manner in which the case was litigated.” View "Spineology, Inc. v. Wright Medical Technology Inc." on Justia Law

In 2012 the Department of Commerce issued an antidumping duty order, covering Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China. In 2014, Commerce initiated a requested review, limited to the two largest Chinese exporters of that merchandise by volume, Wuxi and Yingli, 19 U.S.C. 1677f-1(c)(2) . Commerce's Final Results calculated a weighted-average dumping margin for Yingli of 0.79%, based in part on its selection of surrogate values for each factor of production, including aluminum frames, and semi-finished polysilicon ingots and blocks. For aluminum frames, Commerce selected a value derived from import data based on Thai Harmonized Tariff Schedule Heading 7604 for “[a]luminum bars, rods[,] and profiles,” other than those specifically provided for in other subheadings at a comparable level, For semi-finished polysilicon ingots and blocks, Commerce selected the “world market price for polysilicon of $18.19 per kilogram.” SolarWorld sued, arguing that Commerce should have calculated a higher antidumping margin for Yingli and erred by undervaluing the surrogate values for Yingli’s inputs. The Trade Court and Federal Circuit affirmed Commerce’s final results of remand redetermination. Commerce’s selection of surrogate values for both aluminum frames and semi-finished polysilicon ingots and blocks is supported by substantial evidence and otherwise in accordance with law. View "SolarWorld Americas, Inc. v. United States" on Justia Law

Hansen served in the Army National Guard for six years, which included, at the start of his service in 1959, 182 days of active duty for training. Hansen died from amyotrophic lateral sclerosis (ALS) in 1998. In 2009, his widow applied to the VA for benefits under 38 U.S.C. 1310(a), which provides that “[w]hen any veteran dies after December 31, 1956, from a service-connected or compensable disability, the Secretary shall pay dependency and indemnity compensation to such veteran’s surviving spouse, children, and parents.” A 2008 regulation declares that “the development of [ALS] manifested at any time after discharge or release from active military, naval, or air service is sufficient to establish service connection for that disease.” 38 C.F.R. 3.318(a) (ALS Rule). The Board of Veterans’ Appeals and the Veterans Court held that Hansen’s “active duty for training” service does not qualify as active duty, and denied the benefits claim. The Federal Circuit affirmed. The 38 U.S.C.101(24) definition of “active military, naval, or air service” has been interpreted as excluding training in these circumstances. View "Hansen-Sorensen v. Wilkie" on Justia Law

In December 2015, Apple filed two petitions for inter partes review of the 696 patent, challenging certain claims as obvious. VirnetX filed responses arguing that prior art reference RFC 2401 was not a printed publication under 35 U.S.C. 102(b) as of November 1998. The Patent Board found that RFC 2401 was a printed publication and concluded that the 696 patent was unpatentable as obvious. During the pendency of VirnetX’s appeal, the Federal Circuit decided another case between the parties (VirnetX I), upholding the Board’s decision that RFC 2401 was a printed publication as of November 1998. The Federal Circuit then held that VirnetX is collaterally estopped by the VirnetX I judgment from relitigating the printed publication issue. VirnetX did not preserve an issue of whether inter partes review procedures apply retroactively to patents that were filed before Congress enacted the America Invents Act. View "VirnetX Inc. v. Apple, Inc." on Justia Law