This disposition is nonprecedential CLEVENGER , Circuit Judge . In November 2008, Plaintiff NorthPeak Wireless, LLC ("NorthPeak") asserted U.S. Patent Nos. 4,977,577 ("the '577 patent) and 5,987,058 ("the '058 patent") against a number of accused infringers who market wireless communication products supporting IEEE 802.11 (commonly referred to as "WiFi"). Among the accused infringers were many customers using chips designed by Intel Corporation ("Intel"), who moved successfully to...
This disposition is nonprecedential MOORE , Circuit Judge . Ms. Lorena Mora, on behalf of her daughter G.G.M., appeals the judgment of the Court of Federal Claims denying a motion for review of the Special Master's denial of relief under Rule 60(b)(6) of the Rules of the Court of Federal Claims ("RCFC"). Ms. Mora seeks relief from a judgment dismissing her petition for compensation under the National Childhood Vaccine Injury Compensation Program, 42 U.S.C. 300aa-1-34 ("Vaccine Act")....
Taranto , Circuit Judge . This case involves the U.S. Department of Commerce's review of imports of lightweight thermal paper from Germany between November 1, 2010, and October 31, 2011, the third year covered by an applicable antidumping duty order. In the review, the German firm Papierfabrik August Koehler SE (Koehler) was the only respondent. Commerce discovered midway through the review that Koehler had engaged in a scheme resulting in the omission of some German-market sales from...
Lourie , Circuit Judge . Medgraph, Inc. ("Medgraph") appeals from the decision of the United States District Court for the Western District of New York, dismissing with prejudice Medgraph's claims of infringement of U.S. Patent 5,974,124 ("the '124 patent") and U.S. Patent 6,122,351 ("the '351 patent") (collectively, the "asserted patents") against Medtronic, Inc. ("Medtronic"). See Medgraph, Inc. v. Medtronic, Inc., 111 F.Supp.3d 346 , 348 (W.D.N.Y. 2015) (" Decision "). For the reasons...
This disposition is nonprecedential.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This disposition is nonprecedential. DYK , Circuit Judge . Jean Melchior sued Hilite International, Inc. for infringing certain claims of U.S. Patent Nos. 5,645,017 ("the '017 patent"), 5,649,506 ("the '506 patent"), and 5,507,254 ("the '254 patent"). Following a jury trial and verdict in favor of Melchior, the district court denied Hilite's motion for judgment as a matter of law of noninfringement and invalidity, and ordered judgment for Melchior. Because we hold that the district court...
Stoll , Circuit Judge . In this trademark case, we must decide whether JobDiva, Inc. used its marks in connection with personnel placement and recruitment services, or whether the Trademark Trial and Appeal Board correctly held that JobDiva failed to do so because it used its marks on software offerings, without more. The Board required JobDiva to prove that it used its marks on more than just software because its software sales alone could not, in the Board's view, constitute personnel 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. 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.
Reyna , Circuit Judge . In this appeal, we review Patent Trial and Appeal Board decisions in three Covered Business Method ("CBM") reviews. The decisions addressed the subject matter eligibility of certain claims of U.S. Patent No. 6,384,850 ("'850 patent"), U.S. Patent No. 6,871,325 ("'325 patent"), and U.S. Patent No. 6,982,733 ("'733 patent"). For the reasons explained below, we affirm-in-part and reverse-in-part. BACKGROUND I. Patents Ameranth, Inc. ("Ameranth") owns the patents,...
ON PETITION FOR REHEARING Per Curiam . ORDER Appellant Aqua Products, Inc. filed a petition for rehearing and rehearing en banc. A response was invited of the Intervenor, the Director of the United States Patent and Trademark Office. 1 The petition and response were considered by the panel that heard the appeal, see Fed. Cir. R. 35 Practice Notes, and thereafter referred to the circuit judges in regular active service. A poll was requested and taken, and the court decided that the...
Reyna , Circuit Judge . Unwired Planet, LLC ("Unwired") appeals from the final written decision of the Patent Trial and Appeal Board ("Board") in Covered Business Method Patent Review No. 2014-00006. Google Inc. v. Unwired Planet, LLC, CBM2014-00006, 2015 WL 1570274 (P.T.A.B. Apr. 6, 2015) (" CBM Final Decision "). Because the Board relied on an incorrect definition of covered business method ("CBM") patent in evaluating the challenged patent, U.S. Patent No. 7,203,752 (the "'752 patent"),...
This disposition is nonprecedential. LOURIE , Circuit Judge . Roxane Laboratories, Inc. ("Roxane") appeals from a stipulated judgment of noninfringement following the decision of the United States District Court for the District of New Jersey construing the claims of U.S. Patent 8,563,032 ("the '032 patent"). See Roxane Labs., Inc. v. Camber Pharm. Inc., No. 14-4042, 2015 WL 4393785 (D.N.J. July 15, 2015) (claim construction order); Roxane Labs., Inc. v. Camber Pharm. Inc., No. 14-4042,...
Hughes , Circuit Judge . The Alfred E. Mann Foundation for Scientific Research sued Cochlear Corporation and Cochlear Ltd. for infringing claims 1 and 10 of U.S. Patent No. 5,609,616 and claims 6-7 of U.S. Patent No. 5,938,691, which cover implantable cochlear stimulators. After conducting a jury trial and a bench trial on separate issues, the district court entered judgment finding claim 10 of the '616 patent infringed and claim 1 of the '616 patent and claims 6-7 of the '691 patent...
REYNA , Circuit Judge . Unwired Planet, LLC ("Unwired") appeals from the final written decisions of the Patent Trial and Appeal Board ("Board") in Inter Partes Review ("IPR") No. 2014-00036 and Covered Business Method ("CBM") Patent Review No. 2014-00005. Google Inc. v. Unwired Planet, LLC, IPR2014-00036, 2015 WL 1478653 (P.T.A.B. Mar. 30, 2015) (" IPR Final Decision "); Google Inc. v. Unwired Planet, LLC, CBM2014-00005, 2015 WL 1519056 (P.T.A.B. Mar. 30, 2015) (" CBM Final Decision ")...
STOLL , Circuit Judge . Christian Faith Fellowship Church appeals a final judgment of the Trademark Trial and Appeal Board that, in response to a petition filed by adidas AG, cancelled its trademarks for failing to use the marks in commerce before registering them. The Board held that the Church's documented sale of two marked hats to an out-of-state resident were de minimis and therefore did not constitute use of the marks in commerce under the Lanham Act. Because the Lanham Act defines...
This disposition is nonprecedential LINN , Circuit Judge . Schoeller-Bleckmann Oilfield Equipment AG ("Schoeller") appeals from a decision in an inter partes review ("IPR") of the United States Patent and Trademark Office Patent Trial and Appeal Board ("Board") holding invalid as anticipated and obvious claims 13-15, 17, and 18 of Schoeller's U.S. Patent No. 7,866,397 ("`397 patent"). Churchill Drilling Tools US, Inc. v. Schoeller-Bleckmann Oilfield Equip. AG, IPR2014-00814 (P.T.A.B. Oct....
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.
