NOTE: This disposition is nonprecedential.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.
NOTE: This disposition is nonprecedential. TARANTO , Circuit Judge . VirnetX Inc. and Leidos, Inc. (together, VirnetX) brought this case against Apple Inc., alleging that Apple infringed four VirnetX patents. The district court entered summary judgment for VirnetX on invalidity, determining that Apple was precluded from pressing its proposed invalidity challenges because of previous litigation between the parties. A jury found for VirnetX on infringement and awarded roughly $503 million as...
NOTE: This disposition is nonprecedential REYNA , Circuit Judge . John R. Wilson appeals from a decision of the Patent Trial and Appeal Board in an interference proceeding finding certain claims of U.S Patent No. 8,809,044 unpatentable as anticipated or obvious. Because substantial evidence supports the Board's finding that the prior art discloses the claimed "ambient gas" limitation, and the Board did not abuse its discretion by refusing to apply judicial estoppel, we affirm....
NOTE: This disposition is nonprecedential. DYK , Circuit Judge . Vinh Hoan Corporation ("Vinh Hoan") appeals the U.S. Department of Commerce's ("Commerce") determination in the eighth antidumping duty administrative review of frozen fish fillets from the Socialist Republic of Vietnam ("Vietnam"). Vinh Hoan challenges the methodology used by Commerce in calculating the value of Vinh Hoan's fish oil by-product. This by-product was an offset used in calculating a constructed normal value for...
NOTE: This disposition is nonprecedential JUDGMENT PER CURIAM.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.
NOTE: This disposition is nonprecedential TARANTO , Circuit Judge . U.S. Patent No. 5,560,360, which names Dr. Aaron Filler as a co-inventor, describes and claims particular methods of generating images of nerves and other bodily structures by use of magnetic resonance imaging (MRI) technology. Dr. Filler and the three appellants named in the caption (collectively, NeuroGrafix) sued the appellees named in the caption (collectively, Brainlab), asserting infringement of the '360 patent. The...
NOTE: This disposition is nonprecedential.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.
NOTE: 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.
Schall , Circuit Judge . John E. Sharpe is an officer in the U.S. Navy. In a decision dated February 8, 2016, the Board for Correction of Naval Records ("BCNR" or "Board") found Mr. Sharpe's 2009 separation from the service to have been unlawful. Accordingly, the Board recommended that Mr. Sharpe be returned to active duty, and the Assistant Secretary of the Navy approved the Board's recommendation. Before us now is Mr. Sharpe's appeal of the November 8, 2017 decision of the United States...
Lourie , Circuit Judge . Actavis Laboratories FL, Inc. ("Actavis") appeals from the judgment of the U.S. District Court for the District of Delaware that (1) its proposed naltrexone hydrochloride and bupropion hydrochloride extended-release tablets, which are the subject of Abbreviated New Drug Application No. 208043 (the "ANDA product"), would infringe claim 1 of U.S. Patent 7,375,111 ("the '111 patent"), claims 26 and 31 of U.S. Patent 7,462,626 ("the '626 patent"), and claim 11 of U.S....
NOTE: 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.
NOTE: 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.
NOTE: 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.
NOTE: 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.
Dyk , Circuit Judge . Ernest L. Francway appeals from the Court of Appeals for Veterans Claims' ("Veterans Court's") decision affirming the Board of Veterans' Appeals' ("Board's") denial of Francway's claim for disability compensation. We affirm. BACKGROUND Francway served on active duty in the United States Navy from August 1968 to May 1970. While serving on an aircraft carrier in 1969, Francway contends that he was "hit by a gust of wind while carrying a set of wheel chocks" and "[t]he...
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.
ORDER Per Curiam . A petition for rehearing en banc was filed by appellants Athena Diagnostics, Inc., Oxford University Innovation Ltd., and the Max-Planck-Gesellschaft zur Forderung der Wissenschaften E.V. A response to the petition was invited by the court and filed by appellees Mayo Collaborative Services, LLC and Mayo Clinic. Several motions for leave to file amici curiae briefs were filed and granted by the court. The petition for rehearing, response, and amici curiae briefs were...
NOTE: This disposition is nonprecedential. PROST , Chief Judge . Polygroup Limited MCO ("Polygroup") appeals from the final written decision of the Patent Trial and Appeal Board ("the Board") in an inter partes review upholding the patentability of claims 1-5, 7, 8, 11, 12, 15-18 and 21-27. Because substantial evidence does not support the Board's finding that Polygroup failed to establish a rationale to combine the prior art, we vacate and remand. BACKGROUND Willis Electric Co., Ltd. ("...
