Plaintiff-Appellant Star Scientific, Inc. ("Star") appeals from a final judgment in favor of Defendants-Appellees R.J. Reynolds Tobacco Company (N.C.) and R.J. Reynolds Tobacco Company (N.J.) (collectively, "RJR"). The district court entered memoranda and orders: (1) holding, after a bench trial, that Star's U.S. Patent Nos. 6,202,649 ("the `649 patent") and 6,425,401 ("the `401 patent") are unenforceable due to inequitable conduct; and (2) granting summary...  

SKF USA, Inc., SKF France S.A., SKF Aerospace France S.A.S., SKF GmbH, and SKF Industrie S.p.A. (collectively "SKF") appeal from the final judgment of the Court of International Trade affirming the U.S. Department of Commerce's ("Commerce's") revision of its model-match methodology and its ongoing zeroing methodology in calculating antidumping margins for ball bearings and related parts. SKF USA Inc., v. United States, 491 F. Supp. 2d 1354 (Ct. Int'l Trade 2007). Because the...  

Over a period of years between 1968 and 1984, the federal government granted a number of leases to private entities to explore for and develop oil and gas resources in the outer continental shelf off the California coast. Because of court decisions... ... ... construing a 1990 statute that was enacted after the leases were in place, the government took action that had the effect of preventing the lessees from continuing exploratory activities on the leased properties, at least temporarily. The...  

In this customs case, we again address issues concerning the allowance for merchandise alleged to be defective at the time of importation under 19 C.F.R. § 158.12. Plaintiff-Appellant Volkswagen of America, Inc. ("Volkswagen"), appeals from a final judgment of the United States Court of International Trade in favor of Defendant-Appellee United States ("the government"). The Court of International Trade held that: 1) it lacked jurisdiction over Volkswagen's claims with...  

Plaintiffs-Appellants Leggett & Platt, Inc. and L&P Property Management Co. (collectively, "L&P") sued Defendant-Appellee VUTEk, Inc. ("VUTEk") alleging that certain of VUTEk's large-scale printers infringe claims 1-3, 7, 9-10, and 19 of L&P's U.S. Patent No. 6,755,518 (the "'518 patent"). VUTEk filed a motion for summary judgment alleging that the asserted claims of the '518 patent are invalid. The district court granted VUTEk's motion, finding claims 1, 9, 10, and 19...  

Apotex Corp., Apotex, Inc., and Torpharm, Inc., (collectively, "Apotex") and Impax Laboratories, Inc., appeal judgments entered against them by the United States District Court for the Southern District of New York. Apotex and Impax were defendants in a multidistrict litigation initiated by plaintiffs Astrazeneca AB, Aktiebolaget Hassle, KBI-E, Inc., KBI, Inc., and Astrazeneca LP (collectively, "Astra") against a number of generic drug manufacturers for infringement of Astra's...  

Cygnus Telecommunications Technology, LLC, has filed two appeals from a final judgment in this multidistrict litigation proceeding. In the first, Cygnus has appealed from a judgment in favor of Telesys Communications, LLC, and seven other defendants (the "Telesys defendants"). In the second, Cygnus has appealed from a judgment in favor of defendant AT&T Corp. In both cases, Cygnus appeals from the district court's grant of summary judgment that U.S. patent numbers 5,883,964 and...  

DSW, Inc. and DSW Shoe Warehouse, Inc. (together "DSW"), appeal the judgment of the United States District Court for the Central District of California, granting summary judgment of non-infringement of U.S. Patent No. 6,948,622 ("`622 patent") in favor of Shoe Pavilion, Inc. ("Shoe Pavilion"), and summary judgment of no liability for damages for past infringement of U.S. Patent No. D 495,172 ("`172 patent") and the `622 patent, also in favor of Shoe Pavilion. DSW...  

In this case, we are called upon to determine which patents are subject to inter partes reexamination. Congress established the inter partes reexamination procedure as part of the American Inventors Protection Act of 1999, Pub. L. No. 106-113, §§ 4001-4808, 113 Stat. 1501, 1501A-552 to -591 ("AIPA"). Pursuant to section 4608 of the AIPA, the inter partes reexamination procedure is available for "any patent that issues from an original application filed in the United States...  

This is a patent infringement case involving catheters used in interventional cardiology. The issues on appeal and cross-appeal include claim construction, patent validity, infringement, willfulness, and the district court's denial of a permanent injunction. Because we find no reversible error in the decision below with respect to the issues of claim construction, patent validity, and the denial of a permanent injunction, we affirm those aspects of the judgment. The judgment of infringement,...  

This is a patent case concerning the scope of our jurisdiction over declaratory judgment actions. Plaintiff-appellant Prasco, LLC ("Prasco") brought a declaratory judgment action against defendants-appellees Medicis Pharmaceutical Corp. and Imaginative Research Associates, Inc. (collectively "the defendants"), seeking a declaration that one of its products did not infringe various patents owned by the defendants. The district court dismissed the action for lack of jurisdiction,...  

This case raises the issue of whether, in the absence of a notice of a veteran's right to appeal, the Department of Veterans Affairs' ("VA's") 1985 dismissal of that veteran's claim is final. Appellant AG, the veteran, challenges the 1985 dismissal of his claim. Because the governing rule of law established by the Court of Appeals for Veterans Claims ("Veterans Court") requires that failure to notify a veteran of his right of appeal renders the Secretary of Veterans Affairs'...  

The United States appeals from a final judgment of the United States Court of Federal Claims invalidating an Office of Personnel Management ("OPM") regulation. GHS Health Maint. Org., Inc. v. United States, 76 Fed. Cl. 339 (Fed. Cl. 2007). The... ... ... regulation in question, 48 C.F.R. § 1652.216-70(b)(6), addresses the manner in which OPM sets rates for community rated plans that provide health benefits to Federal employees and retirees. GHS Health Care Maintenance Organization,...  

We consider here the ability of a copyright holder to dedicate certain work to free public use and yet enforce an "open source" copyright license to control the future distribution and modification of that work. Appellant Robert Jacobsen ("Jacobsen") appeals from an order denying a motion for preliminary injunction. Jacobsen v. Katzer, No. 06-CV-01905 JSW, 2007 WL 2358628 (N.D. Cal. Aug. 17, 2007). Jacobsen holds a copyright to computer programming code. He makes that code...  

This case raises the question of whether a 1983 denial of disability benefits for Post Traumatic Stress Disorder ("PTSD") was free of Clear and Unmistakable Error ("CUE"). Although the government challenges our jurisdiction to consider the issue, we conclude that the question raised is a legal one subject to our review. Because there was no CUE in the denial, however, we affirm the decision below... ... ... Background... The record indicates that Claimant/Appellant William...  

This appeal is one of many in the long line of contract disputes arising from the Government's failure to accept and dispose of radioactive waste from the nation's nuclear utilities. This is the first in a trio of concurrent opinions addressing the categories and amount of damages due to the utilities because of the Government's breach. See Pac. Gas & Elec. Co. v. United States, No. 2007-5046; Sacramento Mun. Util. Dist., No. 2007-5052 et al... Yankee Atomic Electric Company (Yankee Atomic),...  

This appeal involves the damages calculation for the partial breach by the United States of its contract with the nuclear utilities, in this case, Pacific Gas & Electric Co. (PG&E), for the storage of high-level nuclear waste (HLW) and spent nuclear fuel (SNF). Because the United States Court of Federal Claims erred in its determination of the rate at which the contract obligated the Department of Energy (DOE) to accept the utilities' HLW and SNF, this court reverses-in-part and remands... ......  

This is a shareholder derivative suit growing out of our decision in Winstar Corp. v. United States, 64 F.3d 1531 (Fed. Cir. 1995) (en banc) ("Winstar I"), aff'd, 518 U.S. 839 (1996). The United States appeals from the final judgment of the United States... ... ... Court of Federal Claims awarding C. Robert Suess and other former shareholders (collectively "Suess")1 of Benjamin Franklin Federal Savings and Loan Association ("Franklin") $52,008,750 in damages for two...  

This is a patent infringement case. Innovasystems, Inc. ("Innova") appeals from the final judgment of the United States District Court for the District of Massachusetts that it infringed claims 3-10 and 13 of United States Patent No. 6,785,400 (the "'400 patent") owned by Proveris Scientific Corporation ("Proveris"). Proveris Scientific Corp. v. Innovasystems, Inc., No. 05-12424 (D. Mass. May 11, 2007). On appeal, Innova argues that the district court erred in ruling...  

This is a government contract case. It arises because Logicon, Inc., now known as Northrop Grumman Information Technology, Inc. ("Northrop"), acted as a middleman between a software developer and the United States Army. Logicon purchased certain software from the developer and then leased it to the military, effecting the lease by way of a delivery order under a pre-existing contract between Logicon and the United States Air Force... ... ... But before the Air Force issued the delivery...