NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit _ IN RE UNITED STATES, Petitioner. _ MISCELLANEOUS DOCKET NO. 908 _ On Petition for Writ of Mandamus from the United States Court of Federal Claims in case no. 02-25L, Judge Francis M. Allegra. _ ORDER Upon consideration of the decision of the Supreme Court of the United States in United States v. Jicarilla Apache Nation, 131 S. Ct. 2313 (2011), reversing this court’s judgment and remanding for further...
635 F.3d 559 (2011) In re VERIZON BUSINESS NETWORK SERVICES INC., Verizon Enterprise Delivery LLC, Verizon Services Corp., AT & T Corp., Qwest Communications Corporation, and Qwest Corporation, Petitioners. Misc. No. 956. United States Court of Appeals, Federal Circuit. March 23, 2011. *560 Bryant C. Boren, Jr., Baker Botts LLP, of Palo Alto, CA, for petitioner AT & T Corporation. With him on the petition were Christopher W. Kennerly, Kevin E. Cadwell and Joshua J. Parker. Brian D. Roche, Reed...
NEWMAN, Circuit Judge. Ward E. Benedict, appearing pro se in this cancellation proceeding, appeals the decision of the Trademark Trial and Appeal Board (TTAB or Board) of the United States Patent and Trademark Office, entering judgment against Mr. Benedict for failure to comply with discovery orders, and imposing the sanction of cancellation of his trademark registration. Super Bakery, Inc. v. Benedict, 96 U.S.P.Q.2d 1134 (TTAB 2010). On appeal of a prior TTAB ruling in this matter, the...
This disposition is nonprecedential LOURIE, Circuit Judge. ICHL, LLC ("ICHL") appeals from the district court's judgment of noninfringement in favor of Sony Electronics, Inc. and Lenovo, Inc. ("Defendants"). In this appeal, ICHL challenges the district court's conclusion that elements of the claimed "heat sink assembly" must be separate parts. Because the district court did not err in construing the claims, we affirm. BACKGROUND I. This patent case relates to heat sinks that are used to...
This order is nonprecedential SCHALL, Circuit Judge. DECISION SP Controls, Inc. ("SP Controls") appeals the August 18, 2009 decision of the Board of Patent Appeals and Interferences ("Board") affirming the Examiner's rejection of all claims of SP Controls' U.S. Patent No. 6,137,794 ("'794 patent") in an ex parte reexamination proceeding. Ex parte SP Controls, Inc., No. 2009-6008, 2009 WL 2573973 (B.P.A.I. Aug. 18, 2009) (" Board Decision "). We affirm. DISCUSSION I. The '794 patent...
LINN, Circuit Judge. Andaman Seafood Co., Ltd., Chanthaburi Frozen Foods Co., Ltd., Chanthaburi Seafoods Co., Ltd. ("Chanthaburi"), Phatthana Seafood Co., Ltd. ("Phatthana"), Phatthana Frozen Food Co., Ltd., Thailand Fishery Cold Storage Public Co., Ltd., Thai International Seafoods Co., Ltd., Sea Wealth Frozen Food Co., Ltd., and Rubicon Resources, LLC (collectively, "Rubicon" or "Rubicon Group") appeal from the Court of International Trade's affirmance of the United States Department of...
DYK, Circuit Judge. In this consolidated countervailing duty case, the U.S. Court of International Trade ("Trade Court") ordered the U.S. Department of Commerce ("Commerce") not to impose countervailing duties on goods from China, a non-market economy ("NME") country. See GPX Int'l Tire Corp. v. United States ("GPX III"), No. 08-00285, 2010 WL 3835022 (Ct. Int'l Trade Oct. 1, 2010). The Trade Court held that Commerce's 2007 interpretation of countervailing duty law as permitting the...
PROST, Circuit Judge. Construction Equipment Company ("CEC") appeals from reexamination proceedings in which the United States Patent and Trademark Office ("PTO") rejected numerous claims sought by CEC. Ex parte Constr. Equip. Co., No. 2009-5265, 2009 WL 2807871 (B.P.A.I. 2009) ("BPAI Op."), reh'g denied, 2010 WL 2157846 (B.P.A.I. May 28, 2010) ("Rehg Denial"). Because we agree with the PTO's conclusion that the claims at issue were obvious over the prior art, we affirm. I CEC is the...
This disposition is nonprecedential PER CURIAM. Dr. Peter V. Boesen appeals the district court's grant of summary judgment holding claims 1, 2, 4, 9, and 10 of United States Patent No. 6,784,873 ('873 patent) anticipated by a prior art Acura navigation system. Because there is no genuine issue of material fact and summary judgment of invalidity is appropriate, we affirm. BACKGROUND The '873 patent is generally directed to a method and medium for a computer readable keyboard display...
This order 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 order is nonprecedential JUDGMENT PER CURIAM. THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: AFFIRMED. See Fed. Cir. R. 36.
This order is nonprecedential JUDGMENT PER CURIAM. THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: AFFIRMED. See Fed. Cir. R. 36.
This order 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 PER CURIAM. Valerie M. Fobbs, surviving spouse of veteran Charles C. Fobbs, seeks review of the February 28, 2011, memorandum decision of the United States Court of Appeals for Veterans Claims ("Veterans Court"). 1 That decision affirmed a May 20, 2009, decision of the Board of Veterans' Appeals ("Board") that denied service connection for the cause of Mr. Fobbs' death. Because Mrs. Fobbs does not raise any issues within our jurisdiction, we dismiss her...
This disposition is nonprecedential PER CURIAM. DECISION Arthur Alfred Kopp petitions for review of a final order of the Merit Systems Protection Board denying his request for a waiver of overpayment of annuity benefits under the Civil Service Retirement System. We affirm. BACKGROUND Mr. Kopp served in the United States military from January 15, 1964, through November 7, 1969. On January 26, 1970, Mr. Kopp began working for the Federal Aviation Administration ("FAA") as an air traffic...
This disposition is nonprecedential O'MALLEY, Circuit Judge. This is a Hatch-Waxman Act case in which Mylan Pharmaceuticals Inc. and Mylan Inc. (collectively, "Mylan") appeal the district court's entry of a preliminary injunction prohibiting Mylan from launching the generic version of 150 mg Doryx, which is the branded name for the doxycycline hyclate delayed-release tablets sold by Plaintiffs-Appellees. Because the district court relied on disputed facts in granting the preliminary...
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.
