Federal Circuit: November 2010 Archives
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November 2010 Archives

Johnson v. Dep't of Veterans Affairs, 09-3292

Dismissal of former government employer's grievance appeal as untimely vacated

Johnson v. Dep't of Veterans Affairs, 09-3292, concerned a challenge to an arbitrator's dismissal of petitioner's grievance for lack of jurisdiction in finding petitioner's grievance appeal untimely In a former government employee's request for arbitration regarding her discharge from the Department of Veterans Affairs.  In vacating the judgment, the court held that, under the terms of the CBA, petitioner could have, and did, file a letter which simultaneously served as a formal grievance and requested ADR, and it was legal error for the arbitrator to find otherwise.

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CRV Enter., Inc. v. US, 09-5100

Takings claims against the United States

CRV Enter., Inc. v. US, 09-5100, concerned a challenge to the Claims Court's judgment against the plaintiffs, in their suit against the United States, claiming that the government had taken plaintiffs' private property without just compensation by erecting a log boom that prevents plaintiffs from utilizing a slough adjacent to their property.

 

Bormes v. US, 09-1546

Class action lawsuit under the FCRA for displaying plaintiffs' credit card information on government website

Bormes v. US, 09-1546, concerned an attorney's class action lawsuit against the government on behalf of his clients under the Fair Credit Reporting Act (FCRA) claiming that the display of his and similarly situated plaintiffs' credit card information when paying court filing fees online violated section 1681c(g)(1) of the FCRA.  In vacating the district court's dismissal of the suit and remanding the matter, the court held that, FCRA is a money-mandating statute that supports jurisdiction under 28 U.S.C. section 1346(a)(2).

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Nuance Communications, Inc. v. Abby Software House, 10-1100

Dismissal of pantent infringement suit for lack of jurisdiction reversed

Nuance Communications, Inc. v. Abby Software House, 10-1100, concerned a plaintiff's suit for infringement of its patent, related to methods and systems for performing optical character recognition, recognizing documents, and managing documents.

 

A123 Sys., Inc. v. Hydro-Quebec, 10-1059

Suit seeking declaration of noninfringement and invalidity of patents related to lithium based cathode materials dismissed

A123 Sys., Inc. v. Hydro-Quebec, 10-1059, concerned a challenge to the district court's denial of plaintiff's motion to reopen and dismissal of the declaratory judgment action, in plaintiff's suit seeking a declaration of noninfringement and invalidity of two patents related to a genus of lithium based cathode materials.

 

Abraxis Bioscience, Inc. v. Navinta LLC., 09-1539

Standing issue in patent infringement suit

Abraxis Bioscience, Inc. v. Navinta LLC., 09-1539, concerned a plaintiff's suit for infringement of its patents related to methods of using low concentrations of ropivacaine hydrochloride to treat pain.  In vacating the district court's finding that defendant's Abbreviated New Drug Application (ANDA) product would directly infringe and contribute and induce infringement of certain claims of plaintiff's patents, the court remanded the matter in concluding that the district court erred in failing to dismiss plaintiff's action for lack of standing because, without the transfer of legal title of the patents, plaintiff had no standing to bring this infringement action.

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Cancer Research Tech. Ltd. v. Barr Laboratories, Inc., 10-1204

Patent infringement suit related to compounds and methods for treating cancer

Cancer Research Tech. Ltd. v. Barr Laboratories, Inc., 10-1204,  concerned a challenge to the district court's judgment finding the '291 patent unenforceable for prosecution laches and inequitable conduct, in a patent infringement suit related to a genus of tetrazine derivative compounds and methods for treating cancer by administering those compounds.

Hyatt v. Kappos, 07-1066

Section 145 imposes no limitation on patent applicant's right to introduce new evidence before the district court

Hyatt v. Kappos, 07-1066, concerned a plaintiff's civil action against the Director of the Patent Office pursuant to 35 U.S.C. section 145, related to a patent application for a computerized display system for processing image information.

Finjan, Inc. v. Secure Computing Corp., 09-1576

Patent infringement suit involving technology for computer security

Finjan, Inc. v. Secure Computing Corp., 09-1576, concerned a challenge to the jury verdict in favor of the plaintiff and district court's award of damages and an entry of permanent injunction against the defendants, in a patent infringement suit involving "proactive scanning" technology for computer security.

 

Astrazeneca LP v. Apotex, Inc., 09-1381

District court's grant of a preliminary injunction against defendant from manufacturing generic version of a drug for treating respiratory diseases, and finding plaintiff's kit claims invalid

Astrazeneca LP v. Apotex, Inc., 09-1381, concerned a challenge to the district court's grant of a preliminary injunction barring defendant from launching a generic version of a budesonide drug for treating respiratory diseases, made and distributed under the approval of the United States Food and Drug Administration (FDA) by plaintiff and covered under method and kit claims in plaintiff's patents, and determination that the kit claims are invalid.