This morning, the Federal Circuit released two nonprecedential opinions, one in a patent infringement case appealed from the International Trade Commission and one in a tax case appealed from the Court of Federal Claims. The Federal Circuit also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.
AD Global Fund, LLC v. United States (Nonprecedential)
AD Global Fund, LLC (“AD Global Fund”), by and through a notice partner, North Hills Holding, Inc. (“North Hills”), appeals from the U.S. Court of Federal Claims’ dismissal of its case. For the reasons below, we affirm.
HC Robotics v. International Trade Commission (Nonprecedential)
HC Robotics and Invata, LLC (collectively “HC Robotics”) appeal from a decision of the International Trade Commission (“the Commission”). The Commission determined that HC Robotics’ Omnisort Gen 2 infringed claims 1 and 5 of U.S. Patent 8,622,194 (“the ’194 patent”) and claims 1–5, 7–9, 11–13, 15, 16, and 18–20 of U.S. Patent 10,576,505 (“the ’505 patent”). See Certain Automated Put Walls & Automated Storage & Retrieval Sys., Associated Vehicles, Associated Control Software, & Component Parts Thereof, Inv. No. 337-TA-1293, 2023 WL 5426449 (Aug. 17, 2023) (“Commission Opinion”); Certain Automated Put Walls & Automated Storage & Retrieval Sys., Associated Vehicles, Associated Control Software, & Component Parts Thereof, Inv. No. 337-TA-1293, 2023 WL 3093548 (Mar. 31, 2023) (“Initial Determination”). The Commission found a violation of 19 U.S.C. § 1337 (“Section 337”) and issued a limited exclusion order as well as cease and desist orders. HC Robotics argues that errors in claim construction resulted in a flawed infringement analysis. For the following reasons, we affirm.