This disposition is nonprecedential. WALLACH , Circuit Judge . This case returns to us for the third time. It arises from the alleged physical taking by the U.S. Army Corps of Engineers ("Corps") of certain parts of shoreline on Lake Michigan owned by thirty-seven property owners (collectively, "Banks" or "Appellants"). See Banks v. United States ( Liability Op. ), 78 Fed. Cl. 603, 604-05 (2007). The parties both appeal the U.S. Court of Federal Claims' findings with respect to the Corps'...
This disposition is nonprecedential.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.
O'Malley , Circuit Judge . This is the third time we have had occasion to preside over this longstanding dispute regarding whether Travel Sentry, Inc. ("Travel Sentry") and its licensees infringe one or more claims of two patents issued to appellant David A. Tropp ("Tropp"): U.S. Patent Nos. 7,021,537 ("the '537 patent") and 7,036,728 ("the '728 patent"). See Travel Sentry, Inc. v. Tropp ( Travel Sentry II ), 497 Fed.Appx. 958 (Fed. Cir. 2012); Tropp v. Conair Corp., 484 Fed.Appx. 568 (...
This disposition is nonprecedential. PER CURIAM . Appellant Dr. Richard Sowinski brought this action in the United States District Court for the Central District of California. The district court dismissed the action because Dr. Sowinski did not oppose the motions to dismiss filed by appellees. We affirm. I On November 24, 2015, Dr. Sowinski filed a complaint in the Superior Court of the State of California, County of Orange, alleging patent infringement, elder abuse, and violations of...
This disposition is nonprecedential. CHEN , Circuit Judge . This consolidated set of appeals arises from a Hatch-Waxman action brought by Genzyme Corporation and Sanofi-Aventis U.S. LLC (collectively, Genzyme) against Dr. Reddy's Laboratories, Ltd., Dr. Reddy's Laboratories, Inc., and Teva Pharmaceuticals USA, Inc. (collectively, DRL). After a bench trial, the district court held, inter alia, that DRL failed to prove that claim 19 of U.S. Patent No. 7,897,590 (the '590 Patent) is invalid...
Reyna , Circuit Judge . HTC Corporation and ZTE (USA), Inc. appeal a final written decision of the Patent Trial and Appeal Board in an inter partes review. Appellants argue that the Board improperly construed the claim term "message" and erred in finding that HTC failed to show that the prior art anticipated or rendered obvious the challenged claims. We find no error in the Board's claim construction, and substantial evidence supports the Board's patentability determination. We affirm....
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 MOORE , Circuit Judge . The government appeals from the Court of Federal Claims' ("Claims Court") judgment and order awarding $3,862,924.53 to a certified class of plaintiffs ("Plaintiffs") for attorneys' fees and expenses pursuant to the Equal Access to Justice Act ("EAJA"). For the reasons discussed below, we affirm. BACKGROUND When a disability renders a military service member unfit to perform his duties, he may be retired—either permanently or...
This disposition is nonprecedential O'MALLEY , Circuit Judge . Hill-Rom Services, Inc. ("Hill-Rom") appeals from a final decision in an inter partes reexamination proceeding, in which the Patent Trial and Appeal Board ("Board") affirmed an Examiner's rejection of claims 1, 14-15, and 31-32 of U.S. Patent No. 7,669,263 ("'263 patent"). See Stryker Corp. v. Hill-Rom Servs., Inc., No. 2015-007927, 2016 WL 1270198 (P.T.A.B. Mar. 31, 2016) (" Board Decision "). For the following reasons, we...
Lourie , Circuit Judge . This appeal has returned to us on remand from the Supreme Court of the United States. In their earlier appearance in this court, Amgen Inc. and Amgen Manufacturing Ltd. (collectively, "Amgen") appealed from the decision of the United States District Court for the Northern District of California (1) granting partial judgment on the pleadings to Sandoz Inc. ("Sandoz") on its counterclaims seeking a declaratory judgment interpreting the Biologics Price Competition and...
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. TARANTO , Circuit Judge . Forest Laboratories, Inc.; Forest Laboratories Holdings, Ltd.; and Adamas Pharmaceuticals, Inc. (collectively, Forest) filed patent infringement actions against Teva Pharmaceuticals USA, Inc., in the U.S. District Court for the District of Delaware. During claim construction, the district court determined that all of the asserted patent claims are invalid for indefiniteness and on that basis entered judgment against Forest. We...
PER CURIAM . THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: AFFIRMED. See Fed. Cir. R. 36.
This disposition is nonprecedential. CHEN , Circuit Judge . Plaintiffs (collectively, Rembrandt) sued Apple, Inc. (Apple) for infringement of U.S. Patent No. 6,185,678 (the `678 patent). The district court construed certain terms in the '678 patent's claims and granted Apple's motion for summary judgment of noninfringement. Rembrandt appeals the district court's claim construction and noninfringement rulings. We affirm. BACKGROUND I. The '678 Patent The '678 patent describes...
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.
ON PETITION Taranto , Circuit Judge . Micron Technology, Inc., petitions for a writ of mandamus to set aside the district court's denial of Micron's motion, made pursuant to 28 U.S.C. 1406(a), to dismiss or to transfer the case for improper venue. The district court held that Micron had waived its venue objection. The court relied on the waiver rule of Federal Rule of Civil Procedure 12(h)(1)(A), which, as relevant here, provides for waiver, based on the incorporated terms of Rule 12(g)(...
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. TARANTO , Circuit Judge . Amgen Inc. and Amgen Manufacturing Limited (collectively, Amgen) own U.S. Patent No. 8,952,138, which describes and claims methods of refolding recombinant proteins expressed in non-mammalian cells, such as bacteria and yeast. '138 Patent, col. 1, lines 10-20; col. 2, lines 52-61. Amgen also holds Biologics License Application Nos. 125031 and 103353, approved by the Food and Drug Administration (FDA), for therapeutic products...
This disposition is nonprecedential. STOLL , Circuit Judge . Dragon Intellectual Property appeals the district court's Final Judgments entered pursuant to the parties' stipulations of noninfringement of claims 1-4, 8, and 10 of U.S. Patent No. 5,930,444. Our decision today in a related case, Dragon Intellectual Property, LLC v. DISH Network LLC et al., Nos. 2016-2468, -2492, affirms the Patent Trial and Appeal Board's determination that claims 1-4, 7-10, 13, and 14 of the '444 patent are...
REYNA , Circuit Judge . Two-Way Media Ltd. appeals from a decision of the United States District Court for the District of Delaware that found the claims of the asserted patents to be directed to patent ineligible subject matter under 35 U.S.C. 101. Because the claims are directed to abstract ideas and contain no additional elements that transform the nature of the claims into a patent-eligible application of the abstract ideas, we affirm. BACKGROUND A. Technical Background The patents-...
