Justia Government & Administrative Law Opinion Summaries

Astornet alleges that it is sole exclusive licensee and owner of all rights in the 844 patent, issued in 2009 to Haddad as the inventor and entitled “Airport vehicular gate entry access system” and asserted the patent against NCR, MorphoTrust USA, and BAE Astornet alleged that the three had contracts with the Transportation Security Administration (TSA) to supply boarding-pass scanning systems; that TSA’s use of the equipment infringed and would infringe the patent; and that NCR and MorphoTrust were bidding for another contract to supply modified equipment whose use by TSA would also infringe. The Federal Circuit affirmed dismissal, finding that Astornet’s exclusive remedy for the alleged infringement was a suit against the government in the Court of Federal Claims under 28 U.S.C. 1498. View "Astornet Techs., Inc. v. BAE Sys., Inc." on Justia Law

Exela petitioned the Patent and Trademark Office to “reconsider and withdraw” its revival of the national stage application and to cancel the 218 patent, assigned to SCR Pharmatop. The PTO declined to consider Exela’s petition, stating that no law or regulation authorizes non-party challenge to a PTO ruling to accept a tardy filing. Exela then brought suit under the Administrative Procedure Act, arguing that the PTO’s action was ultra vires and that Exela’s petition should have been considered and favorably decided. The district court, on reconsideration and in view of new Fourth Circuit precedent, dismissed Exela’s complaint for failing to meet the statute of limitations for claims filed against the United States, including APA claims. The Federal Circuit affirmed the dismissal, on the ground that PTO revival rulings are not subject to third party collateral challenge, thereby precluding review regardless of whether Exela’s claims were time-barred. View "Exela Pharma Sciences, LLC v. Lee" on Justia Law

IRIS owns the 506 patent, titled “Method of Making an Improved Security Identification Document Including Contactless Communication Insert Unit.” The patent discloses methods for making a secure identification document containing an embedded computer chip that stores biographical or biometric data. Japan Airlines Corporation (JAL) examines passports according to the Enhanced Border Security Act, 8 U.S.C. 1221, the Visa Entry Reform Act of 2002, 19 C.F.R. 122.75a(d), and international treaties. According to IRIS, some of these passports are made using the methods claimed in the 506 patent. IRIS sued, alleging that JAL infringed the patent under 35 U.S.C. 271(g) by “using . . . electronic passports in the processing and/or boarding of passengers . . . at . . . JAL services passenger check-in facilities throughout the United States.” JAL argued that federal laws requiring the examination of passports conflict with the patent laws and therefore exempt JAL from infringement liability and that IRIS’s exclusive remedy was an action against the United States under 28 U.S.C. 1498(a). The district court agreed. The Federal Circuit affirmed, concluding that JAL’s allegedly infringing acts are carried out “for the United States” under 28 U.S.C. 1498(a).View "IRIS Corp. v. Japan Airlines Corp." on Justia Law

Free-Flow and Pregis are competitors in the air-filled packaging cushion industry. Air-filled cushions are used to fill space in shipping boxes carrying lightweight items that do not take up all the available space in a box. Demand for lightweight packaging rose rapidly with the growth of internet retail sales. “Air-pillow” packaging emerged as a preferred alternative to polystyrene foam, “peanuts,” or crumpled paper as filling material. Free-Flow holds three patents relating to air-filled packaging technology that claim priority to applications filed in 1999-2000. Free-Flow claims to have improved on prior art machines by increasing the ease of loading film, and by creating a more reliable seal to produce uniformly-inflated air cushions. Pregis sought a declaratory judgment of noninfringement and invalidity and took the unusual step of suing the PTO, its then-director, and Free-Flow under the Administrative Procedure Act, 5 U.S.C. 701–706, to prevent the issuance of two pending Free-Flow patent applications. The district court dismissed Pregis’ APA claims for lack of subject matter jurisdiction, but upheld a verdict of noninfringement and invalidity against Free-Flow. The Federal Circuit affirmed. View "Pregis Corp. v. Kappos" on Justia Law