This disposition is nonprecedential PER CURIAM. Ms. Hattie R. Bass appeals the decision of the Merit Systems Protection Board denying her application for retirement disability benefits. Bass v. Office of Personnel Mgmt., No. SF831E080563-I-2 (M.S.P.B. Jan. 25, 2010). The Board determined that Ms. Bass's application was untimely and that the untimeliness was not excused by reason of mental incompetence. We affirm. BACKGROUND In accordance with section 8337(a) of title 5, an employee may...
This disposition is nonprecedential PROST, Circuit Judge. Defendants-Appellants Sun Pharmaceutical Industries, Ltd. and Caraco Pharmaceutical Laboratories, Ltd. (collectively "Sun") appeal the district court's entry of consent judgment and an injunction enjoining it from the manufacture and sale of generic oxaliplatin. Plaintiffs-Appellees Sanofi-Aventis, Sanofi-Aventis U.S. LLC, and Debiopharm, S.A. (collectively "Sanofi") oppose and Sun replies. We vacate entry of both the consent...
PROST, Circuit Judge. This appeal reviews an award of costs in a case where no party prevailed on every claim. The underlying action was filed by an optical engineer named Frank Shum ("Shum"). Shum sought correction of inventorship for seven patents originally issued to his former business partner, Jean-Marc Verdiell ("Verdiell"), arguing that he, Shum, should be named as the sole inventor or co-inventor. See 35 U.S.C. 256. Shum also asserted numerous claims under California law, all of...
LINN, Circuit Judge. After jury and bench trials, the United States District Court for the Southern District of New York entered a final judgment against Lazare Kaplan International, Inc. ("Lazare") in favor of Gemological Institute of America ("the Institute"); Photoscribe Technologies, Inc. ("Photoscribe"); and Photoscribe's founder and president, David Benderly (collectively, "the Defendants") decreeing the following: (1) the Defendants had not infringed the asserted claims of United States...
LINN, Circuit Judge. Tessera, Inc. ("Tessera") filed a complaint with the United States International Trade Commission ("the Commission" or "ITC") on April 17, 2007 under section 337 of the Tariff Act of 1930, 19 U.S.C. 1337(a)(1)(B), alleging that seven respondents infringed U.S. Patents No. 5,852,326 (the "'326 patent") and No. 6,433,419 (the "'419 patent") through the importation or sale of certain semiconductor chips or products containing such chips. See In re Certain Semiconductor...
This disposition is nonprecedential PER CURIAM. Aerotel, Ltd., and its corporate affiliates ("Aerotel") appeal a consent judgment of noninfringement entered following a district court's claim construction order. We affirm. I Aerotel is the assignee of U.S. Patent No. 4,706,275 ("the '275 patent"). In 2007, Aerotel filed suit against appellee T-Mobile USA, Inc., alleging infringement of claim 23 of the '275 patent. Claim 23 recites a method of making prepaid telephone calls. It comprises the...
LINN, Circuit Judge. Akamai Technologies, Inc. and the Massachusetts Institute of Technology (collectively, "Akamai") appeal the district court's judgment as a matter of law ("JMOL") overturning a jury verdict of infringement by Limelight Networks, Inc. ("Limelight") of claims 19-21 and 34 of U.S. Patent No. 6,108,703 (the "'703 patent"). See Akamai Techs., Inc. v. Limelight Networks, Inc., 614 F.Supp.2d 90 (D.Mass.2009) ( "JMOL Opinion" ). Akamai also appeals the district court's...
This disposition is nonprecedential MOORE, Circuit Judge. Meyer Manufacturing Corporation (Meyer) appeals the decision of the United States Patent and Trademark Office (USPTO) Board of Patent Appeals and Interferences (Board) affirming the examiner's rejection of all claims of U.S. Patent No. 5,501,404 (the '404 patent) as obvious over U.S. Patent No. 5,435,494 (Knight) in view of U.S. Patent No. 5,275,335 (the '335 patent) during ex parte reexamination. We affirm. BACKGROUND Meyer's '404...
LOURIE, Circuit Judge. This case returns to this court on remand from the Supreme Court for further consideration in light of the Court's decision in Bilski v. Kappos, 561 U.S. ___, 130 S.Ct. 3218 , 177 L.Ed.2d 792 (2010). In Prometheus Laboratories, Inc. v. Mayo Collaborative Services, 581 F.3d 1336 (Fed.Cir.2009), we decided an appeal by Prometheus Laboratories, Inc. ("Prometheus") from a final judgment of the United States District Court for the Southern District of California...
PROST, Circuit Judge. Petitioner Kurt Chadwell petitions for review of the final decision of the Merit Systems Protection Board ("Board"), which dismissed his September 15, 2008 appeal for lack of jurisdiction. Mr. Chadwell challenged the Office of Personnel Management's ("OPM's") August 14, 2008 notice that it would not review or process his 2008 application for an administrative law judge ("ALJ") position because one year had not passed since the date he received a Notice of Results ("NOR")...
This disposition is nonprecedential JUDGMENT PER CURIAM. This Cause having been heard and considered, it is Ordered and Adjudged: AFFIRMED. See Fed. Cir. R. 36.
This disposition is nonprecedential JUDGMENT PER CURIAM. This Cause having been heard and considered, it is Ordered and Adjudged: AFFIRMED. See Fed. Cir. R. 36.
This disposition is nonprecedential JUDGMENT PER CURIAM. This Cause having been heard and considered, it is ORDERED and ADJUDGED: AFFIRMED. See Fed. Cir. R. 36. FootNotes * Honorable Ronald M. Whyte, District Judge, united States District Court for the Northern District of California, sitting by designation.
This disposition is nonprecedential BRYSON, Circuit Judge. This case concerns a patent on the force-transmitting bearings for a platform scale that Sunbeam Products, Inc., asserted against its competitor HoMedics, Inc. Sunbeam moved for summary judgment of infringement; HoMedics moved for summary judgment on its invalidity counterclaim. The trial court granted summary judgment of noninfringement in favor of defendant HoMedics, although HoMedics never specifically moved for that order. Because...
ORDER SCHALL, Circuit Judge. Vistaprint Limited (Vistaprint) and OfficeMax Incorporated (OfficeMax), the defendants in a patent infringement action, seek a writ of mandamus directing the United States District Court for the Eastern District of Texas to vacate its July 22, 2010 order and transfer the case to the United States District Court for the District of Massachusetts. The plaintiff in the action, ColorQuick, L.L.C. (ColorQuick), opposes. I. ColorQuick, a New Jersey limited liability...
DYK, Circuit Judge. Arctic Slope Native Association ("ASNA") filed suit against the Secretary of Health and Human Services ("Secretary") for breach of contract, alleging that the government failed to pay ASNA's so-called contract support costs shortfall for fiscal years 1999 and 2000. The Secretary argued that the obligation to pay, under the contract and the statute, was subject to the availability of appropriations and that there were no available appropriations because Congress had provided...
This disposition is nonprecedential. JUDGMENT PER CURIAM. THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: AFFIRMED. See Fed. Cir. R. 36.
MOORE, Circuit Judge. The appellants appeal an order of the Court of Federal Claims granting summary judgment that no compensable taking occurred when the Department of Transportation's Surface Transportation Board (STB) issued a Notice of Interim Trail Use or Abandonment concerning an easement over the appellants' land. Because the court's order conflicts with Caldwell v. United States, 391 F.3d 1226 (Fed. Cir.2005) and Barclay v. United States, 443 F.3d 1368 (Fed.Cir.2006), we...
This disposition is nonprecedential JUDGMENT PER CURIAM. THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: AFFIRMED. See Fed. Cir. R. 36.
This disposition is nonprecedential JUDGMENT PER CURIAM. THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: AFFIRMED. See Fed. Cir. R. 36.
