Opinions

Late yesterday, the Federal Circuit released two nonprecedential orders, each dismissing an appeal. This morning, the Federal Circuit released two nonprecedential opinions. One comes in a veterans case, and the other comes in a patent case. Here are the introductions to the opinions and links to the orders.  

Cook v. Collins (Nonprecedential)

Lewis C. Cook appeals from the decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”) affirming the decision of the Board of Veterans’ Appeals (“Board”), which denied Mr. Cook a disability rating increase and denied him a total disability rating based on individual unemployability (“TDIU”). Cook v. McDonough, No. 21-7993, 2022 WL 17324229 (Vet. App. Nov. 29, 2022) (“Decision”). For the reasons discussed below, we dismiss Mr. Cook’s appeal for lack of jurisdiction.

Janssen Pharmaceuticals, Inc. v. Mylan Laboratories Ltd. (Nonprecedential)

Janssen Pharmaceuticals, Inc., Janssen Pharmaceutica NV, and Janssen Research & Development, LLC (collectively, “Janssen”) sued Mylan Laboratories Ltd. (“Mylan”) for patent infringement in the United States District Court for the District of New Jersey. After a bench trial and post-trial briefing, the district court found that Janssen has demonstrated by a preponderance of the evidence that Mylan will induce health care providers (“HCPs”) to infringe the asserted claims of U.S. Patent No. 10,143,693 (“the ’693 patent”), and Mylan has not demonstrated by clear and convincing evidence that the ’693 patent is invalid. Janssen Pharms., Inc. v. Mylan Labs. Ltd., No. 20-13103, 2023 WL 3605733 (D.N.J. May 23, 2023) (“Opinion”). Mylan appeals, and we affirm.

Dismissals