Correspondent
White House correspondent, covers patent, trade and regulatory news
The Fifth Circuit affirmed the dismissal of Ethel Cheatam's civil action against Family Dollar Store for lack of subject matter jurisdiction. The court held that the case failed to meet federal jurisdictional requirements despite the appellant's pro se status.
The Third Circuit affirmed the district court's denial of a preliminary injunction, holding that Janssen failed to demonstrate irreparable harm because monetary damages remain calculable despite market complexities. The court clarified that loss of market share in a breach of contract case does not automatically constitute irreparable injury absent proof that damages are practically impossible to quantify.
The Federal Circuit granted an unopposed motion to voluntarily dismiss an appeal regarding patent trial proceedings. The court dismissed the case without addressing the merits, leaving the Patent Trial and Appeal Board's prior decisions in place.
The Federal Circuit affirmed the invalidity of a patent under the pre-AIA on-sale bar, holding that a third-party sale of a device embodying the invention more than one year before the priority date renders the claims invalid regardless of whether the invention's details were publicly disclosed. The court further clarified that source code commands are not hearsay at summary judgment because they constitute instructions rather than statements of fact.
The Federal Circuit reversed summary judgment of noninfringement, holding that the district court erred by importing unrecited limitations into patent claims and misinterpreting a pretrial stipulation regarding U.S. nexus. The court also affirmed the exclusion of one expert's damages theories but remanded the case for a new trial on infringement and damages consistent with corrected legal standards.
The United States Court of Appeals for the Federal Circuit affirmed the district court's judgment in a contract dispute involving machinery and leasing agreements. The court issued a per curiam order under Federal Circuit Rule 36, leaving the lower court's factual findings and legal conclusions intact without further analysis.
The Federal Circuit dismissed a whistleblower appeal because the petition for review was filed six days after the mandatory sixty-day statutory deadline. The court held that the filing deadline is inflexible and cannot be extended for pro se litigants who fail to demonstrate equitable tolling.
The United States Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board's decision to invalidate challenged patent claims without issuing a written opinion. This per curiam judgment confirms that the patents remain unpatentable under the standards applied in inter partes review proceedings.
The Eleventh Circuit denied a petition for review challenging an FDA permanent debarment order, holding that the agency was required by statute to debar the petitioner. The court ruled that a felony conviction for making a false statement during a post-trial investigation falls squarely within the mandatory debarment language of the Food, Drug, and Cosmetic Act.
The Eleventh Circuit denied Spirit Airlines' petition for review, holding that federal law requires carriers to remit all collected security fees to the TSA. The court ruled that retaining value from expired travel credits does not constitute a refund to the passenger under the statute.
