This morning the Federal Circuit released a precedential opinion in a trade case appealed from the Court of International Trade; a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board; and a nonprecedential order granting a joint motion to voluntarily dismiss an appeal. Here are the introductions to the opinions and text from the order.

Hitachi Energy USA Inc. v. United States (Precedential)

This appeal of the second review concerns the application of 19 U.S.C. § 1677m(d), which requires Commerce to notify and permit a party to remedy or explain any deficiency in information provided during an investigation. Commerce asserts that this statute did not apply to the circumstances herein; thus Commerce did not permit Hyundai to provide additional information relevant to Commerce’s change of methodology concerning normal value and sales price of service-related revenue. Commerce then applied an adverse inference and partial facts available to increase the dumping margin.

We conclude that Commerce erred in its statutory compliance as a matter of law, and we remand for redetermination of the antidumping duty applied to Hyundai’s imports, based on the calculation of service-related revenue. Hyundai has the statutory right to correct the deficiencies that led to the application of adverse inferences and partial facts available.

Cornell Research Foundation, Inc. v. Vidal (Nonprecedential)

Cornell Research Foundation, Inc. (“Cornell”) appeals from six inter partes reviews (“IPR”), each regarding a different Cornell patent, in which the Patent Trial and Appeal Board (“Board”) concluded that the challenged claims were unpatentable as anticipated or obvious. E.g., Associated British Foods PLC v. Cornell Rsch. Found., Inc., No. IPR2019-00577, Paper 117 (P.T.A.B. July 23, 2020) (“Final Written Decision”). Because substantial evidence supports the Board’s determinations that the claims were obvious, we affirm.

Lonza Walkersville, Inc. v. ADVA Biotechnology Ltd. (Nonprecedential Order)

The parties having so agreed, it is ordered that:

(1) The proceeding is DISMISSED under Fed. R. App. P. 42 (b).

(2) Each side shall bear their own costs.