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

Larry Williams served in the U.S. Navy from August 1972 to March 1974 and filed a claim for compensation for schizophrenia in April 1978. The VA's Regional Office (RO) denied the claim in July 1978. Williams filed a Notice of Disagreement in January 1979, and the VA received additional evidence, including a hospital report diagnosing chronic schizophrenia. In June 1979, the RO confirmed the denial of service connection for schizophrenia but did not send this decision to Williams. Instead, the RO issued a Statement of the Case, which included the new evidence and confirmed the denial.Williams did not perfect his appeal to the Board of Veterans’ Appeals. In 2009, he submitted a claim to reopen his previously denied claim and was eventually granted a 100 percent disability rating effective June 4, 2009. Williams sought an earlier effective date, but the Board denied this request. The United States Court of Appeals for Veterans Claims affirmed the Board's decision, finding that the VA had complied with 38 C.F.R. § 3.156(b) in the 1979 Statement of the Case.The United States Court of Appeals for the Federal Circuit reviewed the case and affirmed the Veterans Court's decision. The Federal Circuit held that the VA met the requirements of 38 C.F.R. § 3.156(b) by issuing the 1979 Statement of the Case, which included the new evidence and confirmed the denial of service connection. The court found that the Statement of the Case provided sufficient indication that the VA considered the new evidence in connection with the pending claim, thus satisfying the regulatory requirements. View "WILLIAMS v. COLLINS " on Justia Law

Dollar Financial Group, Inc. (DFG) has operated loan financing and check cashing businesses under the name MONEY MART since the 1980s. In 2010, DFG began expanding its services to include pawn brokerage and pawn shop services, using the MONEY MART mark in commerce for these services starting in 2012. DFG registered two marks in 2013, which were officially registered in 2014. Brittex Financial, Inc. (Brittex) has operated pawn shops in Texas under the names MONEY MART PAWN and MONEY MART PAWN & JEWELRY since the 1990s and has common law rights in these marks.The Trademark Trial and Appeal Board (TTAB) initially denied Brittex’s petition to cancel DFG’s registrations, concluding that DFG had priority due to its earlier use of the MONEY MART mark for loan financing services. Brittex appealed, and the United States Court of Appeals for the Federal Circuit reversed the TTAB’s decision, finding that pawn services are not covered by loan financing services. On remand, the TTAB held that Brittex had priority for pawn services and that DFG could not rely on the zone of natural expansion doctrine to claim priority. The TTAB also found a likelihood of confusion between the marks and partially granted the petition for cancellation, requiring the deletion of "pawn brokerage and pawn shops" from DFG’s registrations.The United States Court of Appeals for the Federal Circuit reviewed the case and affirmed the TTAB’s decision. The court held that the zone of natural expansion doctrine is purely defensive and cannot be used to establish priority offensively. The court also found that DFG’s tacking argument was forfeited as it was not raised before the TTAB. Additionally, the court concluded that substantial evidence supported the TTAB’s findings on the likelihood of confusion, including the similarity of the marks and the strength of Brittex’s mark. The court affirmed the TTAB’s partial cancellation of DFG’s trademark registrations. View "DOLLAR FINANCIAL GROUP, INC. v. BRITTEX FINANCIAL, INC. " on Justia Law

Realtek Semiconductor Corporation appealed a decision by the United States International Trade Commission (ITC) regarding a motion for sanctions against DivX, LLC. DivX had filed a complaint alleging a violation of 19 U.S.C. § 1337 by Realtek and others, which was later withdrawn. Realtek then sought sanctions against DivX for alleged misconduct occurring months prior. The Administrative Law Judge (ALJ) denied the motion on procedural grounds, and the ITC adopted this decision without comment.Realtek petitioned for the ITC to issue a show cause order sua sponte, which the ITC declined to do. Realtek argued that the ITC's failure to issue the order violated the Administrative Procedure Act (APA). The ITC and DivX contended that the appeal should be dismissed due to lack of standing, jurisdiction, and because the decision was unreviewable.The United States Court of Appeals for the Federal Circuit reviewed the case and determined that the ITC's decision not to issue a show cause order sua sponte was within its discretion and thus unreviewable under the APA. The court noted that such decisions are committed to agency discretion by law and are not subject to judicial review. Consequently, the court dismissed Realtek's appeal. View "REALTEK SEMICONDUCTOR CORPORATION v. ITC " on Justia Law

Regeneron Pharmaceuticals, Inc. sought a preliminary injunction against Amgen Inc., alleging that Amgen's biosimilar product, ABP 938, infringed its U.S. Patent 11,084,865. The patent covers a pharmaceutical formulation containing a fusion protein known as aflibercept, used in Regeneron's EYLEA® product for treating angiogenic eye disorders. Regeneron argued that Amgen's product, which does not contain a separate buffer component, infringed its patent claims.The United States District Court for the Northern District of West Virginia denied Regeneron's motion for a preliminary injunction. The court found that Regeneron failed to establish a likelihood of success on the merits, as the claims of the '865 patent required the VEGF antagonist and buffer to be separate components. The court applied the precedent from Becton, Dickinson & Co. v. Tyco Healthcare Grp., LP, which states that when a claim lists elements separately, the clear implication is that those elements are distinct components. The court determined that the intrinsic evidence, including the claims and specification, supported the conclusion that the VEGF antagonist and buffer must be separate components.The United States Court of Appeals for the Federal Circuit reviewed the district court's decision. The Federal Circuit affirmed the lower court's ruling, agreeing that the claims and specification of the '865 patent required the VEGF antagonist and buffer to be distinct components. The court found that the intrinsic evidence was clear and unambiguous, and the extrinsic evidence did not overcome the presumption of separateness. Consequently, the Federal Circuit held that Regeneron had not demonstrated a likelihood of success on the merits, and the denial of the preliminary injunction was appropriate. View "Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals, Inc." on Justia Law

Merck Sharp & Dohme B.V. and Merck Sharp & Dohme, LLC owned U.S. Patent No. 6,670,340 (the '340 patent), which was directed to a class of 6-mercapto-cyclodextrin derivatives, including sugammadex. After the '340 patent issued, Merck applied for FDA approval of sugammadex, which took nearly twelve years. During this period, Merck filed for a reissue of the '340 patent, resulting in U.S. Patent No. RE44,733 (the RE'733 patent), which retained the original claims and added narrower claims directed to sugammadex. Merck then sought a five-year patent term extension (PTE) for the RE'733 patent based on the '340 patent's issue date.The United States District Court for the District of New Jersey granted Merck's request for a five-year PTE for the RE'733 patent, using the '340 patent's original issue date. Aurobindo Pharma and other defendants, who had filed Abbreviated New Drug Applications (ANDAs) for generic versions of BRIDION®, argued that the PTE should be calculated from the RE'733 patent's issue date, which would result in a shorter extension. The district court disagreed, holding that the PTE should be based on the original patent's issue date to align with the purpose of the Hatch-Waxman Act.The United States Court of Appeals for the Federal Circuit reviewed the case and affirmed the district court's decision. The court held that, in the context of reissued patents, the reference to "the patent" in 35 U.S.C. § 156(c) refers to the original patent. This interpretation ensures that the PTE compensates for the time lost during regulatory review, consistent with the purpose of the Hatch-Waxman Act. Therefore, the RE'733 patent was entitled to a five-year PTE based on the '340 patent's issue date. View "MERCK SHARP & DOHME B.V. v. AUROBINDO PHARMA USA, INC." on Justia Law

Xencor, Inc. appealed a decision by the Appeals Review Panel (ARP) of the Patent Trial and Appeal Board (Board) rejecting claims of its patent application for lack of written description. The application involved methods of treating patients with anti-C5 antibodies, specifically focusing on claims 8 and 9. Xencor argued that the Board and ARP erred in their interpretation of the preamble of the claims and the requirement for written description.The Board initially rejected the claims, finding that the preambles were limiting and that Xencor had not shown sufficient written description for the claimed methods. Xencor's petition for reconsideration was denied, and the case was remanded to the ARP, which upheld the Board's decision. The ARP found that the preamble of the Jepson claim (claim 8) required written description and that the specification did not provide adequate support for the broad genus of anti-C5 antibodies or the specific use of these antibodies in treating patients.The United States Court of Appeals for the Federal Circuit reviewed the case. The court held that the preamble of claim 9, which included "treating a patient," was limiting because it was necessary to give meaning to the claim and was not merely a statement of purpose. The court also agreed with the ARP that the specification did not provide sufficient written description for treating a patient with the claimed anti-C5 antibodies, as it lacked examples and detailed descriptions of treating specific diseases or conditions.Regarding claim 8, the court held that the preamble of a Jepson claim requires written description, as it defines the scope of the claimed invention. The court found that Xencor had not established that anti-C5 antibodies were well-known in the art and that the specification did not provide adequate written description for the claimed genus of antibodies.The Federal Circuit affirmed the ARP's decision, concluding that Xencor's patent application did not meet the written description requirement for the claims in question. View "In Re XENCOR, INC. " on Justia Law

Bullshine Distillery LLC applied to register the mark BULLSHINE FIREBULL for alcoholic beverages. Sazerac Brands, LLC opposed the registration, alleging a likelihood of confusion with its FIREBALL marks for liqueurs and whiskey. Bullshine counterclaimed, seeking cancellation of Sazerac’s registrations, arguing that "fireball" was a generic term for a type of alcoholic drink.The Trademark Trial and Appeal Board (Board) found that "fireball" was not generic at the time of registration or at the time of trial. The Board also determined that there was no likelihood of confusion between the FIREBALL marks and Bullshine’s BULLSHINE FIREBULL mark. Specifically, the Board found that while Sazerac’s FIREBALL mark was commercially strong, it was conceptually weak, the marks were dissimilar, the goods were purchased without great care, and Bullshine did not act in bad faith.The United States Court of Appeals for the Federal Circuit reviewed the case. The court affirmed the Board’s decision, holding that the Board applied the correct legal standard in determining that "fireball" was not generic at the time of registration. The court found substantial evidence supporting the Board’s finding that "fireball" was not generic, including the lack of evidence that competitors used the term and the association of the term with specific products rather than a generic category.The court also affirmed the Board’s determination of no likelihood of confusion, finding that the Board’s analysis of the fame and conceptual strength of the FIREBALL mark, as well as the similarity of the marks, was supported by substantial evidence. The court concluded that the Board did not err in its findings and affirmed the decision in favor of Bullshine. View "Bullshine Distillery LLC v. Sazerac Brands, LLC" on Justia Law

Merck Patent GmbH owns U.S. Patent No. 10,647,861, which relates to α-alumina flakes used in various applications such as paints and cosmetics. CQV Co., Ltd. petitioned the Patent Trial and Appeal Board (PTAB) for post-grant review of claims 1-22 of the '861 patent, arguing that the claims were unpatentable due to obviousness based on prior art references, including a product known as Xirallic®. The PTAB concluded that CQV failed to show by a preponderance of the evidence that any of the challenged claims were unpatentable.The PTAB found that CQV did not adequately demonstrate that the Xirallic® lot used for Sample C qualified as prior art under the relevant critical dates. Consequently, the PTAB did not consider Xirallic® in its analysis and determined that CQV had not proven the claims were unpatentable. CQV appealed the PTAB's decision, arguing that the Board's decision was not supported by substantial evidence and that it failed to consider relevant evidence.The United States Court of Appeals for the Federal Circuit reviewed the case. The court found that the PTAB had not adequately considered the entirety of the evidence, particularly the unrebutted testimony regarding the availability of Sample C. The court noted that the PTAB must consider all relevant evidence and provide a satisfactory explanation for its decisions. The Federal Circuit vacated the PTAB's decision and remanded the case for further proceedings, instructing the PTAB to reassess whether Sample C was available as prior art by the critical dates and to provide a clear explanation of its findings. View "CQV CO., LTD. v. MERCK PATENT GMBH " on Justia Law

Daniel R. Smith, who is currently blind, underwent medical examinations upon entering military service in August 1964 and upon leaving in June 1965. Both examinations noted poor night and color vision, with vision correctable in both eyes. After his discharge, Smith filed several claims with the U.S. Department of Veterans Affairs (VA) for benefits based on retinitis pigmentosa, an eye disease causing vision loss. An ophthalmologist opined that Smith's condition preexisted his service and did not worsen during service. The VA denied his claim, and the Board of Veterans’ Appeals agreed, finding clear and unmistakable evidence rebutting the presumption of sound health upon entry into service. The Court of Appeals for Veterans Claims affirmed this decision.The United States Court of Appeals for Veterans Claims reviewed the case and affirmed the Board's decision, finding that Dr. Wilson's opinion constituted clear and unmistakable evidence that Smith's retinitis pigmentosa did not increase in severity during service. Smith appealed, arguing that Dr. Wilson's opinion did not meet the clear and unmistakable evidence standard and that it improperly relied on the absence of evidence.The United States Court of Appeals for the Federal Circuit reviewed the case and dismissed Smith's appeal. The court held that it lacked jurisdiction to review the factual determination that Dr. Wilson's opinion met the clear and unmistakable evidence standard. The court also found that the Veterans Court did not rely on an absence of evidence but rather on affirmative evidence comparing Smith's vision tests at entry and separation from service. Therefore, the Federal Circuit concluded that it could not address Smith's legal contention regarding the sufficiency of the evidence. View "SMITH v. COLLINS " on Justia Law

Sisvel S.p.A. owns U.S. Patent No. 7,869,396, which relates to a data transmission and retransmission method in a wireless communication system. The patent describes a method where data is packaged into protocol data units (PDUs) and assigned sequence numbers. The method includes a variation of the automatic repeat request (ARQ) method, where a receiver activates a timer when a PDU is detected as missing. If the missing PDU is not received before the timer expires, a reception failure is reported to the transmitter. If the missing PDU is received before the timer expires, the timer is stopped.The Patent Trial and Appeal Board (Board) held claims 1, 2, and 6–8 of the '396 patent to be unpatentable as anticipated by and obvious in view of International Patent Application Publication No. WO 02/091659 (Sachs). However, the Board held that claims 3–5, 9, and 10 were not shown to be unpatentable. Appellants Sierra Wireless, ULC; Honeywell International Inc.; and Telit Cinterion Deutschland GmbH appealed the Board’s decision regarding claims 3–5, 9, and 10. Sisvel cross-appealed the Board’s decision regarding claims 1, 2, and 6–8.The United States Court of Appeals for the Federal Circuit reviewed the case. The court found that the Board erred in its construction of the claim limitations and that its finding that Sachs disclosed certain limitations was not supported by substantial evidence. The court also determined that the Board abused its discretion by relying on testimony from Sisvel’s expert, Mr. Bates, without finding that he was qualified as an ordinarily skilled artisan.The Federal Circuit vacated the Board’s holdings that claims 1, 2, and 6–8 were unpatentable and remanded the case for further proceedings. The court did not reach the arguments regarding the patentability of claims 3–5, 9, and 10 due to the vacatur of the independent claims. View "SIERRA WIRELESS, ULC v. SISVEL S.P.A. " on Justia Law