This morning the Federal Circuit released three nonprecedential opinions and six nonprecedential orders. The first opinion comes in a patent case appealed from a district court. Notably, Judge Bryson concurred in part and dissented in part. The other two opinions come in veterans cases. One of the orders comes in a pro se appeal, while all the other orders dismiss cases. Here are the introductions to the opinions and first order and links to the dismissals.
Altria Client Services LLC v. R.J. Reynolds Vapor Co. (Nonprecedential)
Altria Client Services LLC (“Altria”) sued R.J. Reynolds Vapor Co. (“Reynolds”) for infringement of U.S. Patent Nos. 10,299,517 (“the ’517 patent”), 10,485,269 (“the ’269 patent”), and 10,492,541 (“the ’541 patent”). At trial, the jury found that Reynolds infringed Altria’s patents and awarded Altria over $95 million in damages. The jury also rejected Reynolds’s invalidity defense. The district court denied Reynolds’s post-trial motions for judgment as a matter of law (“JMOL”) on infringement and damages and a new trial on the issues of infringement, invalidity, and damages. Altria Client Servs. LLC v. R.J. Reynolds Vapor Co., 650 F. Supp. 3d 375 (M.D.N.C. 2023) (“Post-Trial Opinion”). Reynolds appeals, and we affirm.
BRYSON, Circuit Judge, concurring in part and dissenting in part.
I join parts I, II, and IV of the court’s opinion. With respect to part III of the opinion, however, I respectfully dissent.
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I would therefore grant a new trial to Reynolds on the damages issue unless Altria agreed to a remittitur of approximately half of the $95.3 million award.
Perciavalle v. McDonough (Nonprecedential)
James J. Perciavalle appeals the decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”) remanding his action to the Board of Veterans’ Appeals (“the Board”). Because the Veterans Court’s nonfinal remand order does not fall within the limited class of orders appropriate for appellate review under Williams v. Principi, 275 F.3d 1361 (Fed. Cir. 2002), we dismiss.
Baker v. McDonough (Nonprecedential)
Debra Baker appeals a decision of the United States Court of Appeals for Veterans Claims (Veterans Court) affirming the denial by the Board of Veterans’ Appeals (Board) of Ms. Baker’s motion to revise a prior Board decision on the basis of clear and unmistakable error (CUE). We vacate and remand.
Demery v. Merit Systems Protection Board (Nonprecedential Order)
The court’s November 15, 2024 order construed submissions from Libby A. Demery as seeking review of various decisions by the Merit Systems Protection Board or its Clerk. Ms. Demery moves for reconsideration of aspects of that order and other relief. Appeal No. 2024-2215, ECF No. 24.