This morning the Federal Circuit released two precedential opinions, two nonprecedential opinions, and one nonprecedential order. The first precedential opinion comes in a patent case appealed from the District of Connecticut, while the second precedential opinion comes in a trade case appealed from the Court of International Trade. Both nonprecedential opinions affirm orders of the Merit Systems Protection Board. The nonprecedential order comes in a patent case involving a joint stipulation of voluntary dismissal. Here are the introductions to the opinions and text from the order.
AlexSam, Inc. v. Aetna, Inc. (Precedential)
AlexSam, Inc. (“AlexSam”) appeals the dismissal of its complaint by the U.S. District Court for the District of Connecticut based on what the court found to be its failure to state plausible claims of patent infringement. AlexSam’s complaint alleged that Aetna Inc. (“Aetna”) marketed Mastercard-branded products (“Mastercard Products”) as well as VISA-branded products (“VISA Products”) that directly and indirectly infringe two claims of AlexSam’s U.S. Patent No. 6,000,608 (“’608 patent”). Because the district court erred in its review of a license agreement and failed to take all of the complaint’s well-pled factual allegations as true, we vacate and remand portions of the district court’s dismissal.
Worldwide Door Components, Inc. v. United States (Precedential)
In this consolidated appeal, Aluminum Extrusions Fair Trade Committee (AEFTC) appeals two decisions from the United States Court of International Trade (trial court). In those decisions, the trial court affirmed scope rulings issued under protest by the Department of Commerce (the agency). The scope rulings held that door thresholds imported by Appellees do not fall within the scope of the antidumping and countervailing duty orders on aluminum extrusions from the People’s Republic of China. For the reasons explained below, we reverse the trial court’s second remand order and vacate all subsequent opinions.
Bigdeli v. Merit Systems Protection Board (Nonprecedential)
Amir H. Bigdeli has appealed the Merit Systems Protection Board’s (“MSPB”) final order denying his petition for review and affirming an initial decision dismissing his administrative appeal of his indefinite suspension as moot. Bigdeli v. Dep’t of the Navy, No. PH-0752-18-0300-I-1, 2023 WL 8868787 (M.S.P.B. Dec. 21, 2023) (“Board Decision”). For the following reasons, we affirm.
White v. Office of Personnel Management (Nonprecedential)
Lawrence White appeals pro se a final order of the Merit Systems Protection Board denying his petition for review of an initial decision regarding his annuity retirement benefit. We affirm.
DexCom, Inc. v. Abbott Diabetes Care, Inc. (Nonprecedential Order)
The parties file a joint stipulation of voluntary dismissal pursuant to Federal Rule of Appellate Procedure 42(b) in Appeal No. 2024-1376 wherein they agree that each party shall bear its own costs. DexCom Inc. moves unopposed for an extension of time, until November 29, 2024, to file its reply brief in Appeal No. 2024-1325.
IT IS ORDERED THAT:
(1) Appeal Nos. 2024-1325 and 2024-1376 are deconsolidated and the revised official captions are reflected in this order.
(2) Appeal No. 2024-1376 is dismissed. See Fed. R. App. P. 42(b)(1). Each party shall bear its own costs regarding Appeal No. 2024-1376.
(3) The motion to extend time in Appeal No. 2024-1325 is granted to the extent that DexCom’s reply brief is due no later than December 2, 2024. No further extensions of time for the reply brief should be anticipated.
(4) The Clerk of Court shall transmit a copy of this order to the merits panel assigned to Appeal No. 2024-1325.