Articles Posted in US Court of Appeals for the Federal Circuit

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In 1999, Native American farmers sued, alleging that the USDA had discriminated against them with respect to farm loans and other benefits. The court certified a class, including LaBatte, a farmer and member of the Sisseton Wahpeton Tribe. Under a settlement, the government would provide a $680 million compensation fund. The Track A claims process was limited to claimants seeking standard payments of $50,000. Track A did not require proof of discrimination. Under Track B, a claimant could seek up to $250,000 by establishing that his treatment by USDA was "less favorable than that accorded a specifically identified, similarly situated white farmer(s),” which could be established “by a credible sworn statement based on personal knowledge by an individual who is not a member of the Claimant’s family.” A "Neutral" would review the record without a hearing; there was no appeal of the decision. LaBatte's Track B claim identified two individuals who had personal knowledge of the USDA’s treatment of similarly-situated white farmers. Both worked for the government's Bureau of Indian Affairs. Before LaBatte could finalize their declarations, the government directed the two not to sign the declarations. The Neutral denied LaBatte’s claim. The Claims Court affirmed the dismissal of LaBatte’s appeal, acknowledging that it had jurisdiction over breach of settlement claims, but concluding that it lacked jurisdiction over LaBatte’s case because LaBatte had, in the Track B process, waived his right to judicial review to challenge the breach of the agreement. The Federal Circuit reversed. There is no language in the agreement that suggests that breach of the agreement would not give rise to a new cause of action. View "LaBatte v. United States" on Justia Law

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XY’s patents relate to the sorting of X- and Y-chromosome-bearing sperm cells, for selective breeding purposes. Trans Ova provides services related to embryo transfer and in-vitro fertilization for cattle. XY and Trans Ova entered into a five-year licensing agreement in 2004 under which Trans Ova was authorized to use XY’s technology, subject to automatic renewal unless Trans Ova was in material breach. In 2007, Inguran acquired XY and sent a letter purporting to terminate the Agreement because of alleged breaches. For several years, the parties negotiated but failed to resolve their disputes. Trans Ova continued to make royalty payments to XY, which were declined. XY alleges that it became aware of further breaches, including underpayment of royalties and development of improvements to XY’s technology without disclosure of such improvements to XY. XY sued for patent infringement and breach of contract. Trans Ova counterclaimed, alleging patent invalidity, breach of contract, and antitrust violations. The district court granted XY summary judgment on the antitrust counterclaims. A jury found breaches of contract by both parties; that Trans Ova failed to prove that the asserted patent claims were invalid and willfully infringed the asserted claims; and XY was entitled to patent infringement damages. The court denied all of Trans Ova’s requested relief and granted XY an ongoing royalty. The Federal Circuit affirmed except the ongoing royalty rate, which it remanded for recalculation. View "XY, LLC v. Trans Ova Genetics, L.C." on Justia Law