Correspondent
White House correspondent, covers patent, trade and regulatory news
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.
The Tenth Circuit affirmed the dismissal of a RICO lawsuit alleging a loan scam orchestrated by an attorney and his colleagues. The court held that plaintiffs failed to plausibly allege the existence of an unincorporated partnership, which was a necessary element for both the RICO claims and the liability of the individual attorneys.
The Fifth Circuit affirmed the district court's dismissal of Northside Pharmacy's challenge to the DEA's suspension of its registration. The court held that the administrative record supported the agency's decision under the deferential standard of review required by the Administrative Procedure Act.
The Ninth Circuit reversed a district court ruling that upheld an insurance company's denial of ERISA benefits, finding the administrator abused its discretion by failing to engage in a meaningful dialogue with the claimant. The court also vacated the lower court's denial of attorneys' fees and statutory penalties, ordering the insurer to produce the full administrative record and pay the claimant's legal costs.
The Ninth Circuit reversed a district court ruling that had upheld UnitedHealthcare's denial of benefits, holding that the insurer abused its discretion by failing to engage in a meaningful dialogue with the beneficiary. The court remanded the case for further proceedings, instructing the lower court to award attorneys' fees and impose statutory penalties for the insurer's failure to produce the administrative record.
The Federal Circuit affirmed the Patent Trial and Appeal Board's decision denying Lemko Corp.'s petition for inter partes review of Microsoft's patents. The court held that the Board's finding of patent validity was supported by substantial evidence in the record.
The United States Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board's decision upholding the validity of the challenged patent claims. The court found that the Board's factual findings were supported by substantial evidence in the record, leaving no reversible error in the agency's conclusion.
The Federal Circuit affirmed the dismissal of a veteran's motion to revise a prior Board order for clear and unmistakable error, holding that a prior judicial affirmance bars such revision. The court further ruled that a remand order is not a final decision subject to revision under the applicable regulations.
