Today the Federal Circuit issued one precedential opinion in an antitrust case that stemmed from a patent case, one nonprecedential opinion in a veterans case, and four Rule 36 judgments. Here are the introductions to the opinions and a list of the cases with Rule 36 judgments.
Intellectual Ventures I LLC v. Capital One Financial Corp. (Precedential)
This appeal stems from a patent infringement action brought in 2014 in the District of Maryland before Judge Paul W. Grimm. The action was instituted by Intellectual Ventures I LLC and Intellectual Ventures II LLC against Capital One Financial Corporation and two other affiliated companies: Capital One (Bank) USA, National Association; and Capital One, National Association (collectively “Capital One”). The action in this case was preceded by a similar patent infringement action brought by Intellectual Ventures I LLC and Intellectual Ventures II LLC in 2013 against Capital One in the Eastern District of Virginia before Judge Anthony J. Trenga. The infringement claims in both cases were resolved against Intellectual Ventures I LLC and Intellectual Ventures II LLC, first by the two trial courts and then on appeal. See Intellectual Ventures I LLC v. Capital One Fin. Corp., Civil Action No. 1:13-cv-00740, 2014 WL 1513273 (E.D. Va. Apr. 16, 2014), aff’d, 792 F.3d 1363 (Fed. Cir. 2015); Intellectual Ventures I LLC v. Capital One Fin. Corp., 127 F. Supp. 3d 506 (D. Md. 2015),aff’d, 850 F.3d 1332 (Fed. Cir. 2017).
In both cases, Capital One filed antitrust counterclaims against Intellectual Ventures I LLC and Intellectual Ventures II LLC, and it filed third-party antitrust complaints against three other companies affiliated with IV: Invention Investment Fund II, LLC; Intellectual Ventures Management, LLC; and Invention Investment Fund I, L.P.1 In both cases, the counterclaims and third-party claims were resolved against Capital One. The district court in the Virginia case dismissed Capital One’s antitrust counterclaims and third-party claims for failure to state a claim on which relief could be granted. Intellectual Ventures I LLC v. Capital One Fin. Corp., No. 1:13-cv-00740, 2013 WL 6682981 (E.D. Va. Dec. 18, 2013) (“Trenga Op.”). The district court in the instant case initially granted Capital One’s motion to add antitrust counterclaims and third-party claims to the Maryland case, Intellectual Ventures I LLC v. Capital One Fin. Corp., 99 F. Supp. 3d 610 (D. Md. 2015), and denied IV’s motion to dismiss those claims, Intellectual Ventures I LLC v. Capital One Fin. Corp., No. PWG-14-111, 2015 WL 4064742 (D. Md. July 1, 2015). However, the court subsequently granted summary judgment against Capital One on all the antitrust claims. Intellectual Ventures I LLC v. Capital One Fin. Corp., 280 F. Supp. 3d 691 (D. Md. 2017). We affirm.
Fetty v. Wilkie (Nonprecedential)
Curtis Fetty appeals a decision of the Court of Appeals for Veterans Claims affirming a staged rating assignment by the Board of Veterans’ Appeals. Because he fails to show legal error in the only claim over which we may exercise jurisdiction, we affirm.