Archive for the 'Federal Circuit' Category

Veteran’s Challenge to TSA’s Refusal to Waive Its Maximum Entry Age Requirement for Federal Air Marshal Position, Plus IP Matters

Morse v. Merit Sys. Prot. Bd., 10-3030, involved a plaintiff’s action claiming that the Transportation Security Administration violated his veterans’ preference rights when it declined to waive its maximum entry age requirement in connection with his application for employment as a Federal Air Marshal.  In affirming the Merit Systems Protection Board’s dismissal for lack of jurisdiction, the [...]

Stauffer v. Brooks Bros. Inc., 09-1428

Stauffer v. Brooks Bros. Inc., 09-1428, concerned a challenge to the district court’s dismissal of plaintiff’s claim for lack of standing and denial of government’s motion to intervene, in plaintiff’s qui tam action against Brooks Brothers under 35 U.S.C. section 292, claiming that defendants falsely marked its bow ties.  In reversing the decision, the court [...]

Princo Corp. v. Int’l Trade Comm’n, 07-1386

Princo Corp. v. Int’l Trade Comm’n, 07-1386, concerned a challenge to the International Trade Commission’s decision that the doctrine of patent misuse does not bar intervenor-U.S. Philips Corporation from enforcing its patent rights against defendant, in plaintiff’s patent infringement suit related to two types of digital storage devices, recordable discs (CD-Rs) and rewritable compact discs [...]

Naval Engineer’s Suit For Back-Pay, Plus Intellectual Property & Health Law Matters

Pass & Seymour, Inc. v. Int’l Trade Comm’n., 09-1338, concerned a challenge to the International Trade Commission’s judgment in favor of the defendants, in plaintiff’s suit against various defendants claiming infringement of its patents related to circuit interrupters for use with household electrical appliances.  In affirming the judgment, the court held that, because the accused products [...]

Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc., 09-1556

Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc., 09-1556, involved Transocean’s suit for infringement of its patents, related to an improved apparatus for conducting offshore drilling.  The court affirmed in part, the the district court’s holding of summary judgment of no willfulness.  The court reversed in part district court’s grant of summary judgment [...]

Geo M. Martin, Co. v. Alliance Mach. Sys. Int’l., LLC., 09-1132

Geo M. Martin, Co. v. Alliance Mach. Sys. Int’l., LLC., 09-1132, concerned a challenge to the district court’s ruling as a matter of law that the ‘566 patent would have been obvious at the time of invention, in a suit for infringement of a patent, relating to an improvement over the traditional bundle breaker (a machine used [...]

Patent Infringement Suit Re Automated Biopsy Instruments, Plus Antidumping Duty Case

Thai I-Mei Frozen Foods Co., Ltd. v. US, 09-1516, concerned a challenge to the Court of International Trade’s decision reversing and remanding Commerce’s first remand determination, in an anti-dumping duty case, involving frozen and canned warmwater shrimp from Thailand.  In reversing, the court held that the Commerce’s statement of a general preference for exclusion of sales [...]

Found. of Human Understanding v. US, 09-5129

Found. of Human Understanding v. US, 09-5129, concerned a challenge to the United States Court of Federal Claims’ decision that a nonprofit organization did  not qualify as a “church” under section 170(b)(1)(A)(i) of the Internal Revenue Code for the period from January 1, 1998 through December 31, 2000.
In affirming the decision, the court held that the [...]

Geo M. Martin, Co. v. Alliance Mach. Sys. Int’l., LLC., 09-1132

Geo M. Martin, Co. v. Alliance Mach. Sys. Int’l., LLC., 09-1132, concerned a challenge to the district court’s ruling as a matter of law that the ‘566 patent would have been obvious at the time of invention, in a suit for infringement of a patent, relating to an improvement over the traditional bundle breaker (a machine used [...]

Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc., 09-1556

Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc., 09-1556, involved Transocean’s suit for infringement of its patents, related to an improved apparatus for conducting offshore drilling.  The court affirmed in part, the the district court’s holding of summary judgment of no willfulness.  The court reversed in part district court’s grant of summary judgment [...]