This morning, the Federal Circuit released a precedential opinion in a trade case affirming the Court of International Trade’s determination of duty-free treatment of the active ingredient in a medication for the treatment of the human immunodeficiency virus (“HIV”), a nonprecedential opinion in a patent case affirming a dismissal for lack of eligibility, a nonprecedential order unsealing the trade opinion, and an erratum. Here are are the introductions to the opinions, text from the order, and link to the erratum.
Janssen Ortho, LLC v. United States (Precedential)
Appellee, Janssen Ortho, LLC (“Janssen”), filed suit against Appellant, the United States (“the Government”), in the U.S. Court of International Trade (“CIT”), challenging U.S. Customs and Border Protection’s (“Customs” or “CBP”) classification of Janssen’s darunavir ethanolate, the active ingredient in Prezista®, a medication for the treatment of the human immunodeficiency virus (“HIV”), under the Harmonized Tariff Schedule of the United States (“HTSUS”) and the Pharmaceutical Appendix to the Tariff Schedule (“Pharmaceutical Appendix”). Janssen alleges that it has paid approximately $100 million in duties for entries of darunavir ethanolate that should have received duty-free treatment. Following a bench trial, the CIT concluded that the subject merchandise was properly classified under HTSUS subheading 2935.00.60 and subject to duty-free treatment under the Pharmaceutical Appendix. Janssen Ortho LLC v. United States, 425 F. Supp. 3d 1352, 1355 (Ct. Int’l Trade), as amended (Feb. 19, 2020), judgment entered, 429 F. Supp. 3d 1383 (Ct. Int’l Trade 2020); see J.A. 36 (Judgment).
The Government appeals the CIT’s decision as to darunavir ethanolate’s duty-free treatment. We have jurisdiction pursuant to 28 U.S.C. § 1295(a)(5). We affirm.
Whitserve LLC v. DropBox, Inc. (Nonprecedential)
Appellant WhitServe LLC appeals from the United States District Court for the District of Delaware. WhitServe brought an infringement action against Dropbox. Dropbox moved to dismiss WhitServe’s complaint with prejudice on grounds that the patent claims asserted by WhitServe are directed to patent ineligible subject matter. The district court granted Dropbox’s motion to dismiss, and WhitServe appeals. We affirm the judgment of the district court.
Janssen Ortho, LLC v. United States (Nonprecedential Order)
Before the court is the parties’ April 21, 2021, joint response to the Order to Show Cause. The parties have agreed there is no need for redactions. Accordingly,
IT IS ORDERED THAT:
The opinion issued under seal on April 13, 2021 is hereby unsealed.