WALLACH , Circuit Judge . Appellant Redline Detection, LLC ("Redline") appeals the inter partes review ("IPR") decision of the United States Patent and Trademark Office's ("USPTO" or "the Office") Patent Trial and Appeal Board ("the PTAB" or "the Board"), which denied Redline's motion to submit supplemental information under 37 C.F.R. 42.123(a) (2012) and found Redline failed to show that claims 9 and 10 of U.S. Patent No. 6,526,808 (the "'808 patent") would have been obvious. See...
This disposition is nonprecedential PER CURIAM . Vehicle Intelligence and Safety LLC appeals from the Northern District of Illinois's judgment declaring claims 8, 9, and 11-18 of U.S. Patent No. 7,394,392 ("disputed claims") invalid as drawn to patent-ineligible subject matter under 35 U.S.C. 101. 1 Because the disputed claims cover only abstract ideas coupled with routine data-gathering steps and conventional computer activity, we affirm. BACKGROUND The '392 patent claims methods...
O'MALLEY , Circuit Judge . This is a consolidated appeal arising from claims by Appellants—abutting landowners—that the United States effected a taking of their property without just compensation when it converted a former railroad corridor into a recreational trail pursuant to the National Trails System Act Amendments of 1983 ("Trails Act"). 1 Appellants allege that deeds transferred by their predecessors-in-title to a railroad company granted only easements on their land for railroad...
PROST , Chief Judge . This case returns to us on remand from the Supreme Court. See Commil USA, LLC v. Cisco Sys., Inc., ___ U.S. ___, 135 S.Ct. 1920 , 191 L.Ed.2d 883 (2015). While our previous opinion had remanded this case to the district court for a new trial, Commil USA, LLC v. Cisco Sys., Inc., 720 F.3d 1361 , 1372 (Fed.Cir.2013), when we received the case back from the Supreme Court we granted Cisco's request to retain the case and address Cisco's remaining non-infringement...
This disposition is nonprecedential REYNA , Circuit Judge . Plaintiff-Appellee Personalized Media Communications ("PMC") is the assignee of U.S. Patent Nos. 4,965,825; 5,109,414; 5,233,654; 5,335,277; and 5,887,243 (collectively, the "Harvey Patents"), which relate to distributing and controlling media content. Defendant-Appellants EchoStar Corporation ("EchoStar") and Rovi Guides, Inc. ("Rovi") make and sell interactive television programming guides for finding, watching, and recording...
MOORE , Circuit Judge . Section 2(a) of the Lanham Act bars the Patent and Trademark Office ("PTO") from registering scandalous, immoral, or disparaging marks. 15 U.S.C. 1052(a). The government enacted this law—and defends it today—because it disapproves of the messages conveyed by disparaging marks. It is a bedrock principle underlying the First Amendment that the government may not penalize private speech merely because it disapproves of the message it conveys. That principle governs...
This disposition is nonprecedential PER CURIAM . Appellant Rafael Newton Aguila ("Mr. Aguila") d/b/a Hydradermabrasion Systems appeals the decision of the United States District Court for the Southern District of Florida granting a preliminary injunction to Edge Systems LLC ("Edge") and Axia Medsciences LLC ("Axia") (together, "Appellees") to enjoin Mr. Aguila from infringing upon their trademarks and trade dress and from infringing U.S. Patent No. 6,299,620 ("the '620 patent") that covers...
This disposition is nonprecedential PER CURIAM . Boice F. Smithers, Jr., appeals from the memorandum decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") affirming the Board of Veterans' Appeals ("Board") decision denying him entitlement to a non-service-connected pension. We dismiss for lack of jurisdiction. BACKGROUND Mr. Smithers served on active duty in the U.S. Navy. In August 2001, Mr. Smithers filed an application for Department of Veterans...
This disposition is nonprecedential JUDGMENT THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM 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.
PROST , Judge . Mr. Thomas L. DiStefano, III, appeals the U.S. Patent and Trademark Office, Patent Trial and Appeal Board's ("Board") rejection of claims 24 through 26 of U.S. Patent Application No. 10/868,312 (`312 Application). The Board issued a Decision on Remand on July 16, 2014, and then issued a Second Decision on Request for Rehearing on December 3, 2014. 1 The Board's decision affirmed the rejection of claims 24 through 26 under 35 U.S.C. 102 for anticipation based upon U.S....
HUGHES , Circuit Judge . Merck & Cie appeals from the Patent Trial and Appeal Board's decision that the contested claims of its patent are invalid for obviousness. Merck argues that the prior art taught away from the claimed method, and that objective indicia of non-obviousness further support the patentability of the claims. Because the Board's factual findings to the contrary were supported by substantial evidence and because we agree with the Board's ultimate conclusion of obviousness,...
HUGHES , Circuit Judge . This is a companion case to Merck & Cie v. Gnosis S.p.A., No. 14-1777, 808 F.3d 829 , 2015 WL 9204017 (Fed.Cir. Dec. 17, 2015) ( Gnosis I ), also decided today. As Merck argued in that case, South Alabama Medical Science Foundation argues here that the prior art taught away from its claimed use of a reduced folate to treat folate deficiency, and that objective indicia of non-obviousness further demonstrate the validity of its patents. Although the Patent Trial...
ORDER PER CURIAM . Cross-Appellant The Dow Chemical Company filed a combined petition for rehearing and rehearing en banc. A response to the petition was invited by the court and filed by the Appellants NOVA Chemicals Corporation (Canada) and NOVA Chemicals Inc. (Delaware). The petition and response were referred to the panel that heard the appeal, and thereafter were referred to the circuit judges who are in regular active service. A poll was requested, taken, and failed. Upon...
This disposition is nonprecedential. REYNA , Circuit Judge . SynQor, Inc. ("SynQor") appeals a district court judgment of non-infringement for infringing acts it claimed occurred after entry of a permanent injunction. After a bench trial on supplemental damages, the district court determined that Artesyn Technologies, Inc. and Astec America, Inc. (together, "Astec") were not liable for inducing Juniper Networks, Inc.'s ("Juniper") infringement. 1 Finding no direct infringement, the...
ON PETITION FOR REHEARING EN BANC PER CURIAM. ORDER Appellees Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. filed a petition for rehearing en banc. A response to the petition was invited by the court and filed by appellant Apple Inc. The petition and response were first referred to the panel that heard the appeal and a majority of the panel granted the petition for the limited purpose of amending the court's opinion. Thereafter, the petition, response, and amended...
ON PETITION FOR REHEARING EN BANC PER CURIAM. ORDER Appellees Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. ("Samsung") filed a petition for rehearing en banc. A response to the petition was invited by the court and filed by appellant Apple, Inc. The petition and response were referred to the panel that heard the appeal. IT IS ORDERED THAT: 1) Samsung's petition for rehearing is granted by a majority of the panel for the limited purpose of modifying the previously...
MOORE , Circuit Judge . Apple Inc. appeals from an order of the district court denying Apple's request for a permanent injunction against Samsung Electronics Company, Ltd.; Samsung Electronics America, Inc.; and Samsung Telecommunications America, LLC (collectively, "Samsung"). We vacate and remand for further proceedings. BACKGROUND In 2007, Apple introduced the iPhone, revolutionizing the cell phone market. To develop the iPhone, Apple invested billions of dollars over several years...
This disposition is nonprecedential. PER CURIAM . Robert G. Thornton appeals the denial of his petition for a writ of mandamus by the United States Court of Appeals for Veterans Claims ("Veterans Court"). BACKGROUND Mr. Thornton, an Army veteran, sought serviceconnected benefits for hearing loss, tinnitus, and a psychiatric condition. In December 2012, a VA Decision Review Officer ("DRO") issued a rating decision to Mr. Thornton. In response, Mr. Thornton filed a notice of disagreement in...
