This morning, the Federal Circuit released a precedential opinion in a patent case appealed from the International Trade Commission, a nonprecedential opinion in a government contract case, and two nonprecedential orders summarily affirming appeals under Rule 36. Late yesterday, the Federal Circuit also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and links to the orders.

Zircon Corp. v. International Trade Commission (Precedential)

In 2020 appellant Zircon Corp. filed a complaint in the United States International Trade Commission (“the Commission”) alleging a violation of section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337. Section 337 prohibits “[t]he importation into the United States, the sale for importation, or the sale within the United States after importation” of articles that infringe a U.S. patent. Id. § 1337(a)(1)(B)(i). The Commission instituted an investigation based on Zircon’s complaint. A Commission Administrative Law Judge (“ALJ”) issued an initial determination in the investigation finding no violation of section 337. On review, the Commission affirmed the ALJ’s finding of no violation. We affirm.

Siemens Government Technologies, Inc. v. Secretary of the Navy (Nonprecedential)

Siemens Government Technologies, Inc. (“Siemens”) appeals a decision of the Armed Services Board of Contract Appeals (“board”) rejecting its claim seeking recovery of the development costs it incurred investigating potential energy conservation measures at military installations in Djibouti and Greece. For the reasons discussed below, we affirm.

Rule 36 Judgment