TARANTO , Circuit Judge . The district court in this case refused to disturb a jury verdict concerning two reissue patents. The jury found for the patentee on infringement and validity as to most of the asserted claims, but it invalidated five claims. The patentee, Hoyt Fleming, appeals the five invalidity determinations, arguing that (1) the testimony offered to establish invalidity was insufficiently specific to support the verdict; (2) there was insufficient corroboration of the prior...
LOURIE , Circuit Judge . Thai Plastic Bags Industries Co., Ltd., Master Packaging, Inc., and Inteplast Group, Ltd. (collectively, "TPBI") appeal from the decision of the United States Court of International Trade affirming the Final Results of the sixth administrative review of the antidumping duty order on polyethylene retail carrier bags from Thailand by the United States Department of Commerce ("Commerce") that excluded Blue Corner Rebate revenue from the calculation of the cost of...
CHEN , Circuit Judge . Content Extraction and Transmission LLC and its principals (collectively, CET) appeal from the grant of a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure (FRCP), in which the United States District Court for the District of New Jersey held that the claims of CET's asserted patents are invalid as patent-ineligible under 35 U.S.C. 101. Cross-appellant Diebold, Inc. (Diebold) appeals from the district court's dismissal of its tortious...
TARANTO , Circuit Judge . Aqua Shield sued Inter Pool Cover Team, Alukov Hz spol. s.r.o., Alukov spol. s.r.o., and Pool & Spa Enclosures (collectively, IPC) for infringement of U.S. Patent No. 6,637,160. Aqua Shield won summary judgment that IPC infringed and that no claim was invalid. A bench trial led eventually to determinations that Aqua Shield was entitled to damages in the form of a royalty of $10,800 and that IPC had not been willful in its infringement. Aqua Shield appeals the...
This disposition is nonprecedential. O'MALLEY, Circuit Judge. Creative Kingdoms, LLC and New Kingdoms, LLC (collectively, "Creative Kingdoms") appeal the International Trade Commission's ("Commission") finding that Nintendo Co., Ltd. and Nintendo of America, Inc. (collectively, "Nintendo") did not violate 337 of the Tariff Act of 1930 by importing, selling for importation, or selling certain video game systems and controllers. Specifically, Creative Kingdoms challenges the Commission's...
This disposition is nonprecedential. MOORE, Circuit Judge. DataTern appeals from the district court's entry of summary judgment that defendants do not infringe the asserted claims of U.S. Patent No. 6,101,502. Because the claim construction is incorrect, we vacate and remand. BACKGROUND In the consolidated cases underlying this appeal, DataTern sued MicroStrategy and several of its customers (collectively, MicroStrategy) for infringing various claims of the '502 patent. At the same time,...
PROST , Chief Judge . Zimmer, Inc., Zimmer Surgical, Inc., and Zimmer Orthopaedic Surgical Products (collectively "Zimmer") appeal from the final judgment of the United States District Court for the Western District of Michigan that U.S. Patent Nos. 6,022,329 ("'329 patent"), 6,179,807 ("'807 patent"), and 7,144,383 ("'383 patent") were valid and willfully infringed. For the reasons stated below, we affirm the jury's findings that the patents were valid and infringed, and the jury's award...
This disposition is nonprecedential. DYK, Circuit Judge. Claimant James M. Johnson, a veteran, appeals from a United States Court of Appeals for Veterans Claims ("Veterans Court") decision affirming a 2012 Board of Veterans' Appeals ("Board") decision. The Board denied him special monthly compensation ("SMC"). Johnson argues that the Veterans Court committed legal error when it affirmed the Board's denial of SMC because the Board failed to assess whether any of Johnson's disabilities,...
DYK , Circuit Judge . Plaintiffs are the University of Utah Research Foundation, The Trustees of the University of Pennsylvania, HSC Research and Development Limited Partnership, Endorecherche, Inc., and Myriad Genetics, Inc. (collectively "Myriad"). Myriad owns U.S. Patent No. 5,753,441 ("the '441 patent"), U.S. Patent No. 5,747,282 ("the '282 patent"), and U.S. Patent No. 5,837,492 ("the '492 patent"), which cover compositions of matter and methods relating to the BRCA1 and BRCA2 genes....
TARANTO , Circuit Judge . In this action, ABB Turbo Systems AG and ABB Inc. (collectively ABB) allege, among other things, state-law torts of misappropriation of trade secrets and conspiracy to misappropriate trade secrets. Before discovery was conducted or an answer filed on those allegations, the district court dismissed the complaint, under Federal Rule of Civil Procedure 12(b)(6), for failure to state a claim on which relief can be granted. We reverse, concluding that the district court...
This disposition is nonprecedential. LOURIE, Circuit Judge. CSR, PLC ("CSR") appeals from the decisions of the United States Patent and Trademark Office ("PTO") Patent Trial and Appeal Board ("Board") in two inter partes reexaminations (1) affirming the examiner's decision not to reject claims 1-6 of Skullcandy's U.S. Patent 7,187,948 (the "'948 patent") as anticipated, obvious, or lacking adequate written description, and (2) affirming the examiner's decision not to reject claim 5 of...
CHEN , Circuit Judge . Life Technologies, Applied Biosystems, LLC, and Invitrogen IP Holdings, Inc. (collectively, LifeTech) appeal from the district court's grant of a motion for summary judgment that the asserted claims of United States Patent Nos. 5,843,660 ('660 patent), 6,221,598 (`598 patent), 6,479,235 ('235 patent), and 7,008,771 (`771 patent) (collectively, the Promega patents) are not invalid for lack of enablement and obviousness. Promega Corp. and Max-Planck-Gesellschaft zur F...
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. 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. HUGHES, Circuit Judge. Gertrude McKinney filed an appeal at the U.S. Court of Appeals for Veterans Claims after the 120-day statutory appeal period ended. The Veterans Court determined Ms. McKinney failed to show any circumstance warranting equitable tolling of the appeal period and dismissed her claim as untimely filed. Because Ms. McKinney has not raised any question of law within our limited jurisdiction, we must dismiss her appeal. I On October 28,...
This disposition is nonprecedential. JUDGMENT THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: AFFIRMED. See Fed. Cir. R. 36.
DYK , Circuit Judge . Sikorsky Aircraft Corporation ("Sikorsky") has had a number of government contracts that are subject to the government Cost Accounting Standards ("CAS"). 1 These standards govern the allocation of costs among the various contracts being performed by a government contractor. Allocation of costs between government contracts and non-government (or commercial) contracts is particularly important. Between 1999 and 2005, Sikorsky allocated its materiel overhead costs as...
