Weekly case summaries from the U.S. Federal Circuit Court of Appeals and related news, from FindLaw.com.
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Federal Circuit
Digest for Week of February 1st, 2017

U.S. Federal Circuit Case Summaries and Blog Posts

Case Summaries:
Blog Posts:

U.S. Federal Circuit Case Summaries

Williams v. Snyder

January 30, 2017
Government Benefits, Military Law
(United States Federal Circuit) - In a veteran's benefits case, the United States Court of Appeals for Veterans Claims (CAVC) judgment affirming a decision by the Board of Veterans' Appeals that denied plaintiff's claim for service connected disability benefits is affirmed where CAVC did not err as a matter of law in determining that the Department of Veterans Affairs (VA) presented the clear and unmistakable evidence necessary to overcome the presumption of soundness.
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Jones v. US

January 27, 2017
Injury & Tort Law, Indian Law, Criminal Law & Procedure
(United States Federal Circuit) - In a civil action arising out of an alleged police execution of an apprehended suspect on an Indian Reservation, the judgment of the Court of Federal Claims (CFC) dismissing plaintiffs' claim for damages and dismissal of a breach of trust claim under an 1868 Treaty between the United States and the Ute Tribe, is vacated where: 1) the CFC erred in dismissing plaintiff's claims by improperly limiting the scope of claims cognizable under the bad men provision of the 1868 Treaty; and 2) the CFC also erred in applying issue preclusion without considering an essential spoliation issue.
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Mid Continent Nail Co. v. US

January 27, 2017
Administrative Law, International Trade
(United States Federal Circuit) - In an appeal involving the Department of Commerce's calculation of margin following its final decision in an antidumping investigation, in particular refusal to apply a regulation limiting the use of the average-to-transaction methodology to non-targeted sales because the agency asserted that the regulation had been withdrawn in 2008, the Court of International Trade Court judgment that Commerce violated the Administrative Procedure Act (APA), by withdrawing the regulation without providing notice and opportunity for comment, is affirmed where: 1) Commerce violated the requirements of the APA in withdrawing the regulation, leaving the regulation in force; 2) that its violation of the APA was not harmless; and 3) that the agency did not err in applying the regulation on remand.
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Cumberland Pharms. Inc. v. Mylan Institutional LLC

January 26, 2017
Intellectual Property, Patent, Drugs & Biotech
(United States Federal Circuit) - In an infringement involving a patent which describes and claims acetylcysteine compositions substantially free of chelating agents, the district court's rejection of defendant's challenges to validity on two separate grounds -- derivation of the claimed invention from someone at the FDA and obviousness -- is affirmed where defendant did not prove: 1) that anyone at the FDA conceived of the claimed invention before the patent-named inventor; nor 2) that there was a reasonable expectation that the claimed formulations, without any chelating agents, would succeed.
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U.S. Federal Circuit Blog Posts

Court Cuts Back at PTO on Scalpel Invention

William Vogeler
January 12, 2017
A federal appeals court has breathed life into a doctor's patent claim for a scalpel that helps surgeons repair torn knee ligaments and other injuries. The U.S. Federal Circuit Court of Appeals said the Patent and Trademark Office wrongfully...
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Federal Circuit Rules PTAB's Definition of CBM Patent Is Too Broad

William Vogeler
November 30, 2016
Patent attorneys may be wondering where to go after a federal appeals court upended a decision involving location services on mobile devices. In a unanimous decision, the appeals court ruled that a patent review board had overstepped its authority in...
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If no blog posts appear in this area, there are no new blog posts this week.
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