NEWMAN, Circuit Judge. This patent litigation arises under the Hatch-Waxman Act, 21 U.S.C. 355, whereby producers of generic pharmaceutical products are authorized to challenge the patent status of a federally registered and approved drug product, before the generic producer has obtained approval to sell its counterpart of the approved product. The generic litigant who succeeds in eliminating the drug patent is granted a 180-day period of exclusivity against other potential providers of the...
JUDGMENT PER CURIAM THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: AFFIRMED. See Fed. Cir. R. 36.
WALLACH, Circuit Judge. This appeal arises out of the United States Patent and Trademark Office's ("PTO") inter partes reexamination of United States Patent No. 6,715,639 ("the '639 patent"), assigned to Graphic Packaging International, Inc. ("Graphic"), and challenged by third-party requester C.W. Zumbiel Co., Inc. ("Zumbiel"). Because the Board of Patent Appeals and Interferences's ("Board") 1 obviousness and nonobviousness determinations were correct, they are affirmed. BACKGROUND A....
This disposition is nonprecedential.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This disposition is nonprecedential.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This disposition is nonprecedential JUDGMENT PER CURIAM.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.
This disposition is nonprecedential. LOURIE, Circuit Judge. Morris Reese ("Reese") appeals from the judgment of the United States District Court for the Central District of California dismissing his first amended complaint against Verizon California Inc. ("Verizon") and AT&T California ("AT&T") (collectively, "Appellees") based on the doctrine of collateral estoppel. Order Granting Defs.' Mot. to Dismiss, Reese v. Verizon Cal. Inc., No. 11-01934 (C.D. Cal. Aug. 11, 2011), ECF No. 26....
RADER, Chief Judge. The Trademark Trial and Appeal Board ("Board") dismissed with prejudice Stephen Slesinger, Inc.'s ("Slesinger" or "SSI") challenge to the trademark rights related to A.A. Milne's literary work featuring Winnie-the-Pooh and other characters owned by Disney Enterprises, Inc. ("Disney"). During the course of the parties' dispute, Slesinger filed twelve opposition and cancellation proceedings with the Board consolidated under Stephen Slesinger, Inc. v. Disney Enter., Inc.,...
LOURIE, Circuit Judge. Plaintiff-Appellant Road and Highway Builders, LLC ("RHB") appeals from a judgment of the United States Court of Federal Claims holding that RHB failed to meet its burden of proof that the United States Internal Revenue Service ("IRS") acted in bad faith when it entered into a release to redeem certain real property. See Rd. & Highway Builders, LLC v. United States, 102 Fed.Cl. 88 (2011). Because RHB failed to rebut the presumption that the IRS agents discharged...
RADER, Chief Judge. After a trial, the United States District Court for the Southern District of California denied American Technical Ceramics Corporation's ("ATC") motions for judgment as a matter of law ("JMOL") and in the alternative a new trial on validity and infringement of U.S. Patent No. 6,816,356 ("the '356 patent"). Presidio Components, Inc. v. Am. Technical Ceramics Corp., 723 F.Supp.2d 1284 (S.D.Cal.2010); Presidio Components, Inc. v. Am. Technical Ceramics Corp., No. 3:08-CV-...
REYNA, Circuit Judge. IGT owns several patents related to "wheel games," a type of casino gaming machine containing a secondary bonus game incorporating a spinning wheel. IGT sued Alliance Gaming Corp., Bally Gaming International, Inc., and Bally Gaming, Inc. (collectively, "Bally") for infringement of these patents, and Bally counterclaimed under state and federal antitrust laws. The district court denied the motions for summary judgment on the antitrust issues, granted the motions that the...
This disposition is nonprecedential. PER CURIAM. In this case, based on a certain settlement agreement between the parties, the district court, on November 15, 2011, issued a permanent injunction enjoining Paw Plunger, LLC ("Paw Plunger") "from infringing the '391 patent by making, using, offering for sale, and/or selling in the United States of importing into the United States the `Paw Plunger' and any other products that infringe one (1) or more claims of the '391 patent." Paw Plunger...
NEWMAN, Circuit Judge. This patent litigation arises under the Hatch-Waxman Act, 21 U.S.C. 355, whereby producers of generic pharmaceutical products are authorized to challenge the patent status of a federally registered and approved drug product, before the generic producer has obtained approval to sell its counterpart of the approved product. The generic litigant who succeeds in eliminating the drug patent is granted a 180-day period of exclusivity against other potential providers of the...
PROST, Circuit Judge. Kenneth Brooks appeals from the decision of the United States District Court for the Northern District of California dismissing his false marking claim and rejecting his argument that the application of amendments to 35 U.S.C. 292 effectuated by the Leahy-Smith America Invents Act, Pub.L. No. 112-29, 125 Stat. 284 (2011) ("AIA") to pending actions is unconstitutional. Because we conclude that Congress's retroactive elimination of the qui tam provision from 292...
O'MALLEY, Circuit Judge. OSRAM SYLVANIA, Inc., ("OSRAM") appeals the district court's grant of summary judgment of invalidity of claims 1, 17, 25, 27, and 32 of U.S. Patent No. 5,834,905 (the "'905 patent"), issued to Valery A. Godyak et al., and assigned to OSRAM. Because we find genuine issues of material fact that preclude a finding of anticipation and obviousness on summary judgment, and because we find that the district court erred in failing to consider objective indicia of...
This disposition is nonprecedential DYK, Circuit Judge. Robert E. Kovacevich and Yvonne R. Kovacevich appeal from a decision of the Court of Federal Claims granting summary judgment to the government on their tax refund claims. See W. Mgmt., Inc. v. United States, 101 Fed. Cl. 105 (2011). The Kovaceviches also appeal from the Court of Federal Claims' grant of summary judgment to the government on its counterclaims against them, and the entry of judgment in the amount of $87,879.39. See id....
ORDER PROST, Circuit Judge. Petitioners John B. Corr and John W. Grigsby filed this class action against the Metropolitan Washington Airports Authority ("MWAA") on behalf of themselves and all drivers who have used the Omer L. Hirst-Adelard L. Brault Expressway, also known as the Dulles Toll Road ("Toll Road") in Virginia since 2005. They claim that the tolls are a tax and constitute an illegal exaction in violation of the Due Process Clause of the Fifth and Fourteenth Amendments because they...
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. LOURIE, Circuit Judge. Fluor Tec, Corp. ("Fluor") appeals from the decision of the Board of Patent Appeals and Interferences (the "Board") in an inter partes reexamination affirming the Examiner's decision not to reject claims 1-9, 11, 13, 25-29, 31, 33, 37-47, 55, 56, and 58 of U.S. Patent 6,712,880 (the "'880 patent") owned by Lummus Technology, Inc. ("Lummus"). See Fluor Tec, Corp. v. Patent of Lummus Tech. Inc., No. 2011-013099 (B.P.A.I. Dec. 15,...
