|
PATENT
Monsanto v. McFarling, May 24
The jury awarded damages of $375,000 against a
farmer who replanted Monsanto's genetically modified soybean seeds two
consecutive years without paying the license fee for the patent. The
circuit holds that the amount represents a fair valuation of profits
after considering the license fee of $25 per bag, and the increased
yield of $14 to $25 per acre and reduced weed control costs of $26 to
$36 per acre. Affirmed.
-------------------------------------
TRADEMARK
In re Bayer Aktiengesellschaft, May 24
The circuit finds that a proposed mark, ASPIRINA,
is merely descriptive for analgesic goods and is the Spanish word for
aspirin, which has long since become a generic term in this country
for the class of analgesic goods consisting of a compound of acetyl
salicyclic acid.
-------------------------------------
EMPLOYMENT
Rhodes v. Merit Systems Protection Board, May 24
The Department of Homeland Security failed to
restore plaintiff to duty after he was acquitted of criminal charges
for which he was indefinitely suspended. The circuit holds that
defendant had jurisdiction to review the agency's decision even though
he had previously elected to challenge the suspension through
negotiated grievance procedures. Reversed.
--------------------------------
PATENT
Pfizer v. Apotex, Inc., May 21
Petition for rehearing en banc denied.
--------------------------------------
PATENT
Wechsler v. Macke International Trade, Inc., May 18
The district court ruled that the sole
shareholder of a company was personally liable for inducing
infringement of plaintiff's patent for a device for dispensing water
for a pet. The circuit holds that the finding of personal liability
was inconsistent with the jury's finding that there was no alter ego
relationship. Reversed.
--------------------------------------
PATENT
McKesson Information Solutions v. Bridge Medical, May 18
The district court found plaintiff's patent
unenforceable due to inequitable conduct and dismissed its
infringement action. The circuit holds that McKesson's nondisclosures
were not a case of mistake or neglect. Affirmed.
--------------------------------------
BANKING, ATTORNEY FEES
Centex Corporation v. USA, May 17
Several banks that acquired failing thrifts
sought attorney fees after the banks successfully claimed that the
federal government repealed tax benefits it had offered as inducement
for the acquisitions of the thrifts. The circuit holds that the facts
do not establish bad faith sufficient to warrant the fee shifting
exception to the American rule by which each party pays its own fees.
Affirmed.
------------------------------------
PATENT
General Mills v. Kraft Foods Global, May 16
The district court dismissed General Mills' claim
for patent infringement as to its rolled food item, Fruit by the Foot,
as barred by a covenant not to sue granted to Kraft's predecessor in
interest. The circuit holds that Kraft's status as successor to the
rights granted did not change during the period at issue. Affirmed.
-------------------------------
VETERANS
Simmons v. Nicholson, May 16
The Veterans Court vacated the denial of
petitioner's claim for service connection and an increased rating for
hearing loss. The circuit holds that the Veterans Court properly
placed the burden on the Secretary to establish that an error in a
notice to petitioner from the VA was not prejudicial. Affirmed and
remanded.
-------------------------------
VETERANS
Sanders v. Nichols, May 16
The Veterans Court upheld the denial of
petitioner's claim for service connection for an eye disease. The
circuit holds that the Veterans Court incorrectly required petitioner
to establish that an error in a notice by the VA was prejudicial.
Reversed.
-------------------------------
EMPLOYMENT
Lutz v. US Postal Service, May 15
The Merit Systems Protection Board denied a
letter carrier's petition for enforcement of a settlement agreement
that permitted him to apply for disability retirement, which was
reached after he was demoted as Postmaster and transferred to another
location. The circuit agrees that the evidence demonstrated
petitioner's refusal to work but did not document a disabling medical
condition. Affirmed.
-------------------------------
EMPLOYMENT, VETERANS
Pittman v. Department of Justice, May 15
Convicted by the US Marine Corps Reserve of
mistreatment of Iraqi prisoners, petitioner was reduced in rank but
not discharged. He returned to his job as a guard at a federal prison,
but was terminated after one day. The circuit finds that the prison's
decision did not constitute a failure to provide reemployment as
required by the Uniformed Services Employment and Reemployment Rights
Act of 1994.
-------------------------------
PATENT
Brand v. Miller, May 14
The circuit holds that the Board of Patent
Appeals impermissibly relied on its own expertise to determine that
plaintiff derived the subject matter of its device for cutting veneer
from wood logs, and that conclusion is not supported by substantial
evidence. Reversed.
-----------------------------------
TAX
Greenlee County, Arizona v. United States, May 14
The Court of Federal Claims dismissed Greenlee
County's suit against the federal government for $2 million in
underpaid amounts due under the Payments in Lieu of Taxes Act. The
circuit holds that the government's obligation is conditioned upon the
availability of appropriations and thus the complaint failed to state
a claim. Affirmed.
-----------------------------------
PATENT
Henkel Corporation v. Procter & Gamble Company, May 11
The circuit holds that the Board of Patent
Appeals and Interferences erroneously granted priority to Procter &
Gamble in an interference dispute. The Board incorrectly concluded
that plaintiff had not shown that its laundry product had been
conceived and reduced to practice before that of Procter & Gamble, and
properly imposed a requirement for reduction to practice not warranted
by the language of the interference.
-------------------------------------
PATENT
Leapfrog Enterprises v. Fisher-Price, May 9
The circuit upholds the district court's judgment
of non-infringement because Fisher-Price's PowerTouch product does not
infringe plaintiff's patent for a phonetic reading device since
defendant's device selects words rather than letters for pronunciation
by the device. The district court correctly construed the claim to be
invalid as obvious to anyone skilled in the art of reading devices.
-----------------------------------
INTERNATIONAL TRADE
In re Princo Corporation, May 4
The circuit holds that a stay "until related
proceedings before the International Trade Commission, including any
appeals, become final" includes any subsequent appeal periods and does
not refer to finality only at the Commission level. Petition for
rehearing denied.
--------------------------------------
CIVIL PROCEDURE
Hernandez-Garcia v. Nicholson, May 2
The circuit holds that plaintiff's application
for attorney fees under the Equal Access to Justice Act was properly
dismissed because it was filed 31 days after the judgment denying his
claim for veterans benefits became final, which was one day too late.
The 30-day period began to run on the day on which the period for
appeal expired, and not the first day on which the judgment was no
longer appealable.
----------------------
PATENT
Foremost in Packaging Systems dba Envirocooler v. Cold Chain
Technologies, May 1
The circuit upholds the district court's
construction of terms of plaintiff's patent for insulated shipping
containers for carrying pharmaceuticals and human tissue and holds
that defendant's products do not infringe those claims. Affirmed.
-------------------------------------
COMMERCE
Sango International v. US, May 1
The circuit holds that there was insufficient
evidence to support the decision of the Department of Commerce to
include plaintiff's imported gas meter nuts and swivels within the
scope of an antidumping order covering malleable iron pipe fittings,
other than grooved fittings, from the People's Republic of China.
Reversed and remanded.
-------------------------------------
HEALTHCARE, TORT
Walther v. Secretary of Health and Human Services, May 1
Plaintiff was diagnosed with an acute
neurological disorder caused by a series of vaccinations she received
while serving as a captain in the US Army, and sought disability
benefits for continuing muscular weakness, tremors and headaches. The
circuit holds that in denying compensation under the National
Childhood Vaccine Injury Act, the special master applied an incorrect
legal standard in requiring plaintiff to eliminate other potential
causes for her injury. Vacated and remanded.
|
