This disposition is nonprecedential. O'MALLEY , Circuit Judge . In three inter partes review proceedings requested by Alarm.com, Inc., the Patent Trial and Appeal Board ("the Board") invalidated various claims of Vivint Inc.'s U.S. Patent Nos. 6,147,601 ("'601 patent"), 6,462,654 ("'654 patent"), and 6,535,123 ("'123 patent"). 1 It also found other claims patentable over the prior art. Vivint now appeals the Board's decision invalidating its claims. Alarm.com cross-appeals, arguing that...
This disposition is nonprecedential.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This disposition is nonprecedential. STOLL , Circuit Judge . Dr. Reddy's Laboratories S.A. and Dr. Reddy's Laboratories, Inc. (collectively, "DRL") appeal from the district court's order granting Indivior Inc., Indivior UK Ltd., and Aquestive Therapeutics Inc.'s (collectively, "Indivior") preliminary injunction in this patent infringement case. Because the district court's conclusion that Indivior was likely to succeed on the merits was based on an erroneous interpretation of claim scope,...
This disposition is nonprecedential. CHEN , Circuit Judge . Tris Pharma, Inc. (Tris) holds the approved New Drug Application for Quillivant XR , an extended release methylphenidate (MPH) formulation for the treatment of Attention Deficit Hyperactive Disorder (ADHD). When Actavis Laboratories, Inc. (Actavis) submitted an Abbreviated New Drug Application (ANDA) to the U.S. Food & Drug Administration (FDA) seeking approval to market generic versions of Quillivant XR , Tris sued Actavis for...
This disposition is nonprecedential.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This disposition is nonprecedential.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.
Hughes , Circuit Judge . Ford Motor Co. sued the United States in the Court of Federal Claims to recover interest payments that it alleges the government owes on Ford's past tax overpayments. Ford can only recover this interest if it and its Foreign Sales Corporation subsidiary were the "same taxpayer" under 26 U.S.C. 6621(d) when Ford made its overpayment and the subsidiary made equal tax underpayments. The Court of Federal Claims granted summary judgment for the government after...
Prost , Chief Judge . Arista Networks, Inc. ("Arista") petitioned for an inter partes review ("IPR") of certain claims of U.S. Patent No. 7,340,597 ("the '597 patent"), which is owned by Cisco Systems, Inc. ("Cisco"). After instituting an IPR, the Patent Trial and Appeal Board ("Board") upheld some of those challenged claims as patentable but invalidated others. Both Arista and Cisco appeal various aspects of the Board's decision. Having considered the parties' arguments, we reverse and...
ORDER Per Curiam . Appellee Moda Health Plan, Inc. and appellants Land of Lincoln Mutual Health Insurance Company and Maine Community Health Options each filed petitions for rehearing en banc. Appellant Blue Cross and Blue Shield of North Carolina filed a petition for panel rehearing and rehearing en banc. A response to the petitions was invited by the court and filed by the United States. Several motions for leave to file amici curiae briefs were filed and granted by the court. The...
Reyna , Circuit Judge . This case concerns whether, under 26 U.S.C. 6426, a taxpayer that is entitled to an alcohol fuel mixture credit may treat the credit as a tax-free direct payment regardless of excise-tax liability, or whether a taxpayer must first use the mixture credit to reduce any excise-tax liability before receiving payment for any amount of mixture credit exceeding excise-tax liability. Sunoco, Inc. appeals from the Court of Federal Claims' grant of the United States' motion...
This disposition is nonprecedential. WALLACH , Circuit Judge . Appellant BASF Corporation ("BASF") petitioned for inter partes review of Enthone, Inc.'s ("Enthone") U.S. Patent No. 7,303,992 ("the '992 patent"). The U.S. Patent and Trademark Office's ("USPTO") Patent Trial and Appeal Board ("PTAB") issued a final written decision "determin[ing] that BASF has not shown by a preponderance of the evidence that claims 1-15, 17-22, and 26-28 [(`the Challenged Claims')] of the '992 [p]atent are...
This disposition is nonprecedential. MOORE , Circuit Judge . LiquidPower Specialty Products Inc. ("LSPI") appeals the final written decision on inter partes review of the Patent Trial and Appeal Board holding claims 8-10 of U.S. Patent No. 8,022,118 unpatentable for obviousness over U.S. Patent No. 6,015,779 ("Eaton"), a publication titled "The Chemistry of Alberta Oil Sands, Bitumens and Heavy Oils" ("Strausz"), and U.S. Patent No. 4,983,186 ("Naiman"). 1 Because the Board erred by...
O'Malley , Circuit Judge . This case concerns the relationship between two statutory regimes designed to benefit two historically disadvantaged groups: veterans and disabled persons. The United States and Winston-Salem Industries for the Blind ("Industries for the Blind") (together, "Appellants") appeal from a decision of the U.S. Court of Federal Claims ("Claims Court") holding that section 502 of the Veterans Benefits, Health Care, and Information Technology Act of 2006, Pub. L. No. 109-...
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.
Wallach , Circuit Judge . Appellant Real Foods Pty Ltd. ("Real Foods") sought registration of two marks: "CORN THINS," for "crispbread slices predominantly of corn, namely popped corn cakes"; and "RICE THINS," for "crispbread slices primarily made of rice, namely rice cakes." J.A. 279 (emphasis omitted). Cross-Appellant Frito-Lay North America, Inc. ("Frito-Lay") opposed the registrations, arguing that the proposed marks should be refused as either generic or descriptive without having...
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 O'MALLEY , Circuit Judge . TWi Pharmaceuticals, Inc. ("TWi") appeals from a decision of the United States District Court for the District of New Jersey holding, after bench trial, that Supernus Pharmaceuticals, Inc.'s ("Supernus") U.S. Patent Nos. 7,722,898 ("the '898 patent"), 7,910,131 ("the '131 patent"), and 8,821,930 ("the '930 patent) (collectively, "the asserted patents") are not invalid and would be infringed. Supernus Pharms., Inc. v. TWi...
This disposition is nonprecedential. LOURIE , Circuit Judge . Wavetronix LLC appeals from the final written decision of the United States Patent and Trademark Office Patent Trial and Appeal Board ("the Board") in an inter partes review determining that claims 9, 10, 12, 13, 22, 23, and 25 of U.S. Patent 6,693,557 are unpatentable as anticipated or obvious, or both. See generally Smart Microwave Sensors GmbH v. Wavetronix LLC, No. IPR2016-00488, 2017 WL 3034507 (P.T.A.B. July 17, 2017) (...
This disposition is nonprecedential. TARANTO , Circuit Judge . Align Technology, Inc., owns U.S. Patent No. 6,699,037. In an inter partes review requested by ClearCorrect Operating, LLC, the Patent Trial and Appeal Board determined that claims 1, 2, 9, and 10 are unpatentable. The Board's determination rested on its findings regarding the key prior art, U.S. Patent No. 6,068,482 (Snow), as teaching certain claim elements and the motivation of a skilled artisan to combine that reference...
This disposition is nonprecedential. JUDGMENT THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (PROST, Chief Judge, TARANTO and CHEN, Circuit Judges ). AFFIRMED. See Fed. Cir. R. 36.
