Opinions

This morning, the Federal Circuit released a precedential opinion in a vaccine case appealed from the Court of Federal Claims. The Federal Circuit also released three nonprecedential opinions in decisions appealed from the Patent Trial and Appeal Board, the Court of International Trade, and the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

Cerrone v. Secretary of Health and Human Services (Precedential)

Nikko Cerrone filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10–300aa-34 (“Vaccine Act”), claiming that the administration of certain vaccines caused him to develop ulcerative colitis (“UC”), a type of inflammatory bowel disease (“IBD”). The special master assigned to his petition denied his claim for compensation, and the Court of Federal Claims upheld that decision. We affirm.

CA, Inc. v. Netflix, Inc. (Nonprecedential)

CA, Inc. (“CA”) appeals from a final written decision of the United States Patent Trial and Appeal Board ( “Board”) in an inter partes review (“IPR”). The Board determined that claims 1–20 of U.S. Patent No. 8,656,419 (“the ʼ419 Patent”) are unpatentable as obvious. We affirm.

Habaş Sinai ve Tibbi Gazlar Istihsal Endüstrisi v. United States (Nonprecedential)

Appellant Habaş Sinai ve Tibbi Gazlar Istihsal Endüstrisi A.S. appeals a decision of the Court of International Trade sustaining the United States Department of Commerce’s final determination in an administrative review of an antidumping duty order covering hot-rolled steel flat products from Turkey. Habaş Sinai ve Tibbi Gazlar Istihsal Endüstrisi A.S. v. United States, No. 21-00527, 2023 WL 5985777 (Ct. Int’l Trade Sept. 14, 2023). Habaş, the sole mandatory respondent in the administrative review, provided Commerce with data regarding its homemarket sales, and Commerce determined that Habaş’s Turkish lira-denominated sales values were the only reliable sales data that could be reconciled with Habaş’s financial records. As a result, Commerce used the lira values of Habaş’s home-market sales to calculate normal value, resulting in the calculation of a final weighted-average dumping margin of 24.32 percent for Habaş. Certain Hot Rolled Steel Flat Products From the Republic of Turkey: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018–2019, 86 Fed. Reg. 47058, 47059 (Dep’t of Com. Aug. 23, 2021). Because Habaş has not shown that Commerce exceeded its authority, and substantial evidence supports Commerce’s valuation of Habaş’s home-market sales in lira, we affirm.

Jenkins v. Collins (Nonprecedential)

Appellant Jerel T. Jenkins appeals a non-final remand order from the United States Court of Appeals for Veterans Claims. Because, with limited exceptions not applicable here, we may not review a non-final order, we dismiss.