Federal Circuit - The FindLaw Federal Circuit Court of Appeals Opinion Summaries Blog

Denial of Federal Employee's Retirement Benefits Appeal Affirmed, Plus Patent Infringement Matter

Fujifilm Corp. v. Benun, No. 09-1487, concerned a patent infringement suit involving Fujifilm's patents directed to single-use cameras, or lens fitted film packages (LFFP), arising from defendant's conduct of purchasing used LFFPs and selling them as new after refurbishing them. The court ultimately affirmed the judgment of the district court, including denial of defendants' post trial motion for JMOL based on noninfringement of a particular brand of LFFPs and inapplicability of a first sale's location, plus a ruling holding defendants in contempt of a preliminary order enjoining importation of infringing LFFPs.  

Hubbard v. Merit Sys. Prot. Bd., No. 09-3242, concerned a challenge to the judgment of the Merit Systems Protection Board dismissing an appeal from the Office of Personnel Management's (OPM) denial of an application for federal employee's disability retirement annuity benefits. The court affirmed the judgment in concluding that, petitioner's failure even to respond to an administrative judge's order directing her to "file evidence and argument demonstrating that the appeal was timely filed or that good cause exists for the delay" justified the administrative judge's dismissal of the appeal as untimely. 

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