Have you noticed that in recent opinions the Federal Circuit seems to have adopted the “(cleaned up)” citation when citing “busy” sources. The “(cleaned up)” citation allows a writer to make an argument more forcefully by eliminating some of the distracting citation details that have traditionally been involved in legal writing. For more details, here are some articles discussing “(cleaned up)” [LINK] and [LINK].
Below are some of the recent cases where the Federal Circuit has used “(cleaned up)” in an opinion or order. It appears that Judge Prost and Judge Taranto are far and away the biggest users of “(cleaned up).” Judges Bryson, Chen, Stoll, Dyk, O’Malley, Moore, and Hughes have only used it once or twice. Not surprisingly, Judge Wallach does not appear to have used it yet. During oral argument he is a stickler for accurate quotation from references. It will be interesting to see if “(cleaned up)” is abused and becomes frowned upon.
Rodriguez v. Dept. of Veterans Affairs
8 F. 4th 1290 – Court of Appeals, Federal Circuit, 2021 – Google Scholar
7 days ago – … Cir. 2020) (“To take adverse action against an employee, an agency must …
demonstrate that the penalty imposed was reasonable in light of the relevant factors set forth
in Douglas v. Veterans Administration.” (cleaned up)); Smith v. Gen. Servs …
GLAXOSMITHKLINE LLC v. TEVA PHARMACEUTICALS USA
7 F. 4th 1320 – Court of Appeals, Federal Circuit, 2021 – Google Scholar
8 days ago – … Ct. 1670; Takeda, 785 F.3d at 630 (“Congress intended that a single drug
could have more than one indication and yet that an ANDA applicant could seek approval
for less than all of those indications.” (cleaned up)). The result …
ENERGY HEATING, LLC v. HEAT ON-THE-FLY, LLC
Court of Appeals, Federal Circuit, 2021 – Google Scholar
22 days ago – … Id. (vacating and remanding to the district court for “reconsideration” of attorneys’
fees); Camreta v. Greene, 563 US 692, 713 (2011) (“Vacatur . . . strips the decision below of its
binding effect and clears the path for future relitigation.” (cleaned up)) …
TRAXCELL TECHNOLOGIES, LLC v. NOKIA SOLUTIONS AND NETWORKS OY
Court of Appeals, Federal Circuit, 2021 – Google Scholar
24 days ago – … (cleaned up). It attaches if a patentee “has unequivocally disavowed a certain
meaning to obtain [a] patent” in a way that is “clear and unmistakable.” Omega, 334 F.3d at
1324-26. If so, it “narrows the ordinary meaning of the claim congruent with the scope of the …
KANNUU PTY LTD. v. SAMSUNG ELECTRONICS CO., LTD.
Court of Appeals, Federal Circuit, 2021 – Google Scholar
29 days ago – … 791 F.3d 290, 337 (2d. Cir. 2015) (quoting New Hampshire v. Maine, 532
US 742, 750-51 (2001)); id. (“Relief is granted only when the impact on judicial integrity
is certain.” (cleaned up)). The transferred-to district court in NuCurrent …
Court of Appeals, Federal Circuit, 2021 – Google Scholar
35 days ago – … B. “[P]roperty interests . . . are created and their dimensions are defined by existing
rules or understandings that stem from an independent source.” Ruckelshaus, 467 US at 1001
(cleaned up); see also Phillips v. Washington Legal Found., 524 US 156, 164 (1998) …
JENNEWEIN BIOTECHNOLOGIE GMBH v. International Trade Commission
Court of Appeals, Federal Circuit, 2021 – Google Scholar
49 days ago – … after subtracting [a third possible negative control strain],’ and `if we subtract [one
of the two previously discussed negative control strains] instead of the [third possible negative
control strain] as reference, the value would fall below 0.05′” (quoting JA 51523-51524) …
OMEGA PATENTS, LLC v. CALAMP CORP.
Court of Appeals, Federal Circuit, 2021 – Google Scholar
52 days ago – … 2010) (cleaned up). We likewise apply regional circuit law when reviewing a district
court’s evidentiary rulings. Odetics, Inc. v. Storage Tech. Corp., 185 F.3d 1259, 1276 (Fed. Cir …
ought not in fairness be forced to acquiesce in that ruling.” Camreta, 563 US at 712 (cleaned …
DYNCORP INTERNATIONAL, LLC v. United States
Court of Appeals, Federal Circuit, 2021 – Google Scholar
72 days ago – … 1. As an initial matter, we reiterate that “contracting officers are entitled
to exercise discretion upon a broad range of issues confronting them in the procurement
process.” Impresa, 238 F.3d at 1332 (cleaned up). “Contracting …
COMMSCOPE TECHNOLOGIES LLC v. DALI WIRELESS INC.
Court of Appeals, Federal Circuit, 2021 – Google Scholar
73 days ago – … Cir. 2001) (cleaned up). We therefore reverse the district court’s denial of
CommScope’s motion for JMOL of no infringement of the ‘521 patent and affirm the denial of
CommScope’s motion for JMOL of invalidity of the ‘521 patent over Wright. II …
999 F. 3d 1391 – Court of Appeals, Federal Circuit, 2021 – Google Scholar
78 days ago – … dictionary definitions of the words “approximate” and “balance” in concluding that
under the statute “evidence is in approximate balance when the evidence in favor of and opposing
the veteran’s claim is found to be almost exactly or nearly equal.” 274 F.3d at 1364 …
PERSONALWEB TECHNOLOGIES LLC v. GOOGLE LLC
8 F. 4th 1310 – Court of Appeals, Federal Circuit, 2021 – Google Scholar
84 days ago – … at 217, 134 S.Ct. 2347 (cleaned up) … 2347 (cleaned up), we must decide “whether
that patent-ineligible concept is what the claim is `directed to,'” ChargePoint, Inc. v. SemaConnect,
Inc., 920 F.3d 759, 765 (Fed. Cir. 2019) (quoting Thales Visionix Inc …
MILITARY-VETERANS ADVOCACY v. Secretary of Veterans Affairs
Court of Appeals, Federal Circuit, 2021 – Google Scholar
98 days ago – … id. (cleaned up). This … of . . . actual or imminent injury.” Lujan, 504 US at
564 (cleaned up) (no actual or imminent injury where affiants merely professed intent
to visit endangered species without concrete plans to do so). Nor …
6 F. 4th 1267 – Court of Appeals, Federal Circuit, 2021 – Google Scholar
99 days ago – … Ltd. v. United States, ___ US ___, 138 S. Ct. 2067, 2070, 201 L.Ed.2d 490 (2018)
(cleaned up). The Secretary agrees that, in general, “to `liberalize’ means to make policies or
laws less strict.” Secretary Response Br. at 17 (citing Black’s Law Dictionary (11th ed. 2019 …
995 F. 3d 1347 – Court of Appeals, Federal Circuit, 2021 – Google Scholar
105 days ago – … 1718, 1725, 198 L.Ed.2d 177 (2017) (cleaned up) … (cleaned up). Undoubtedly
the “entire [veterans-benefits] scheme is imbued with special beneficence from a grateful
sovereign.” Bailey v. West, 160 F.3d 1360, 1370 (Fed. Cir …
Court of Appeals, Federal Circuit, 2021 – Google Scholar
108 days ago – … Web Techs., LLC v. Apple, Inc., 848 F.3d 987, 992 (Fed. Cir. 2017). The Board
therefore must provide “a reasoned basis for the agency’s actions” that “suffice[s] for us to see
that the agency has done its job.” In re Nuvasive, Inc., 842 F.3d 1376, 1383 (Fed. Cir. 2016) …
STUPP CORPORATION v. United States
Court of Appeals, Federal Circuit, 2021 – Google Scholar
113 days ago – … difference” test to be “reasonable”); JBF, 790 F.3d at 1363, 1367 (holding that
Commerce’s interpretation of 19 USC § 1677f-1(d)(1)(B)(i) was reasonable and that “[b]ecause
Congress did not provide for a direct methodology, Commerce properly filled that gap” (cleaned …
Court of Appeals, Federal Circuit, 2021 – Google Scholar
121 days ago – … See 28 USC § 1491(a)(1). But the Tucker Act “does not create any substantive
right enforceable against the United States for money damages.” United States v. Mitchell, 463
US 206, 216 (1983) (cleaned up) … Cir. 2004) (cleaned up); see Upshur v. United States, 135 …
GATEARM TECHNOLOGIES, INC. v. ACCESS MASTERS, LLC
Court of Appeals, Federal Circuit, 2021 – Google Scholar
128 days ago – … 2004) (cleaned up)). A. GateArm argues that the district court did not conduct the
legally required review of the magistrate judge’s disputed findings in reaching its decision to deny
GateArm’s motion for contempt. GateArm Opening Br. at 23-30, 53-60 …
TVNGO LTD.(BVI) v. LG Electronics, Inc.
Court of Appeals, Federal Circuit, 2021 – Google Scholar
130 days ago – … We have jurisdiction under 28 USC § 1295(a)(1). DISCUSSION. “[A] patent must
be precise enough to afford clear notice of what is claimed, thereby apprising the public of what
is still open to them.” Nautilus, Inc. v. Biosig Instruments, Inc., 572 US 898, 909 (2014) (cleaned …
Court of Appeals, Federal Circuit, 2021 – Google Scholar
141 days ago – … s] the statute’s purpose” and can be equitably tolled. CTS Corp. v.
Waldburger, 573 US 1, 10 (2014) (cleaned up) … disregard clear expressions of . . .
congressional intent.” (cleaned up)); see also Conn. Nat’l Bank v. Germain …
Court of Appeals, Federal Circuit, 2021 – Google Scholar
147 days ago – … v. Adobe Inc., 978 F.3d 1278, 1292 (Fed. Cir. 2020) (cleaned up) … Cir. 2017) (cleaned
up). Here, the district court considered the intrinsic record and concluded that the claims were
directed to patent-ineligible subject matter, despite Yu’s allegations to the contrary …
WASTOW ENTERPRISES, LLC v. TRUCKMOVERS. COM, INC.
Court of Appeals, Federal Circuit, 2021 – Google Scholar
175 days ago – … For that reason, the court concluded, the statements did “not characterize
the present invention as a whole. Instead, they disclose one way to carry out the present
invention.” Continental Circuits, 915 F.3d at 798 (cleaned up) …
OLAPLEX, INC. v. L’ORÉAL USA, INC.
Court of Appeals, Federal Circuit, 2021 – Google Scholar
183 days ago – … Courts and juries also require precision because, especially where a trade secrets
claim involves a sophisticated and highly complex system, the district court or trier of fact will
not have the requisite expertise to define what the plaintiff leaves abstract.” (cleaned up) …
INFINITY COMPUTER PRODUCTS v. OKI DATA AMERICAS
987 F. 3d 1053 – Court of Appeals, Federal Circuit, 2021 – Google Scholar
191 days ago – … at 909, 134 S.Ct. 2120 (cleaned up). It also serves as a “meaningful… check” against
“foster[ing] [an] innovation-discouraging `zone of uncertainty.'” Id. at 910-11, 134 S.Ct. 2120
(quoting United Carbon Co. v. Binney & Smith Co., 317 US 228, 236, 63 S.Ct. 165, 87 L …
Court of Appeals, Federal Circuit, 2021 – Google Scholar
207 days ago – … 1983) (cleaned up). Further, a re-transfer analysis should be “based on the
traditional factors bearing on a § 1404(a) analysis” and “should take into account the reasons
of convenience that caused the earlier transfer.” Intel, 841 F. App’x at 195 …
SIMO HOLDINGS v. HONG KONG UCLOUDLINK NETWORK
983 F. 3d 1367 – Court of Appeals, Federal Circuit, 2021 – Google Scholar
224 days ago – … that there is an alternative embodiment disclosed in the asserted patent that is
not encompassed by our claim construction does not out-weigh the language of the claim,
especially when the court’s construction is supported by the intrinsic evidence.” (cleaned up)); …
CENTRIPETAL NETWORKS, INC. v. Cisco Systems, Inc.
Court of Appeals, Federal Circuit, 2021 – Google Scholar
240 days ago – … Cir. 2016) (cleaned up) … 18-19 (cleaned up). Public accessibility is not limited
to circumstances of free or academic distributions; “commercial distribution” can qualify.
Garrett Corp. v. United States, 422 F.2d 874, 877-78 (Ct. Cl …
SAFEGUARD BASE OPERATIONS, LLC v. United States
989 F. 3d 1326 – Court of Appeals, Federal Circuit, 2021 – Google Scholar
245 days ago – … FAR 15.306 and 52.212-1(g) each provide that the Government “may” waive or
clarify. The “word `may’ clearly connotes discretion,” though “discretion is not whim.” Halo Elecs.,
Inc. v. Pulse Elecs., Inc., ___ US ___, 136 S. Ct. 1923, 1931, 195 L.Ed.2d 278 (2016) (cleaned …
vPERSONALIZE INC. v. MAGNETIZE CONSULTANTS LTD.
Court of Appeals, Federal Circuit, 2021 – Google Scholar
274 days ago – … (cleaned up). Additionally, under Washington law, a district court may … Cir. 2015)
(noting that a “party’s position. . . ultimately need not be correct for them to not stand out” under
35 USC § 285 (cleaned up)); Fluke Corp. v. Milwaukee Elec. Tool Corp., 162 Wash. App …
Court of Appeals, Federal Circuit, 2021 – Google Scholar
276 days ago – … In the normal meaning of words this language of Section 1404(a) directs the
attention of the judge who is considering a transfer to the situation which existed when suit was
instituted.” Hoffman v. Blaski, 363 US 335, 343-44 (1960) (cleaned up) …
L’ORÉAL USA, INC. v. OLAPLEX, INC.
Court of Appeals, Federal Circuit, 2021 – Google Scholar
281 days ago – … Cir. 2019) (‘419 Decision); id. at 1138-39 (affirming Board finding that “L’Oréal
used maleic acid because of L’Oréal’s access to Liqwd’s non-public information, rather than
because of L’Oréal’s independent development” (cleaned up)) … Cir. 2017) (cleaned up) …
ABS GLOBAL, INC. v. CYTONOME/ST, LLC
984 F. 3d 1017 – Court of Appeals, Federal Circuit, 2021 – Google Scholar
302 days ago – … conditions which have caused the case to become moot.” US Bancorp Mortg.
Co. v. Bonner Mall P’ship, 513 US 18, 24, 115 S.Ct. 386, 130 L.Ed.2d 233 (1994) (cleaned
up). In particular, it has explained that “[v]acatur is in order when …
Court of Appeals, Federal Circuit, 2021 – Google Scholar
302 days ago – … at *3 (cleaned up). The Board added that the claim’s limitations are properly
characterized as “methods of organizing human activity” and “mental processes,” id. at *3-4
(cleaned up), and that the claim’s limitations do not integrate the abstract idea into a practical …
COMCAST CABLE COMMUNICATIONS, LLC v. PROMPTU SYSTEMS CORPORATION
Court of Appeals, Federal Circuit, 2021 – Google Scholar
305 days ago – … v. Tyco Healthcare Grp., LP, 616 F.3d 1249, 1254 (Fed. Cir. 2010) (“Where a
claim lists elements separately, the clear implication of the claim language is that those elements
are distinct components of the patented invention.” (cleaned up)) …
TAYLOR & SONS, INC. v. United States
Court of Appeals, Federal Circuit, 2020 – Google Scholar
311 days ago – … exactness.'” Gadsden, 956 F.3d at 1371 (quoting Otay Mesa Prop., LP v.
United States, 779 F.3d 1315, 1323 (Fed. Cir. 2015)) (cleaned up). The trial court did not
clearly err in finding that the dealers failed to meet their burden …
FATIGUE FRACTURE TECHNOLOGY, LLC v. NAVISTAR, INC.
Court of Appeals, Federal Circuit, 2020 – Google Scholar
312 days ago – … at *4-7 (cleaned up). The Board used the same constructions in its final decision.
Final Written Decision, 2019 WL 4126205, at *5. Neither party disputed those constructions before
the Board. Id. In August 2019, the Board issued its final written decision …
Immunex Corp. v. SANOFI-AVENTIS US LLC
977 F. 3d 1212 – Court of Appeals, Federal Circuit, 2020 – Google Scholar
318 days ago – … Cir. 2004) (“[C]laims are to be given their broadest reasonable interpretation
consistent with the specification, and claim language should be read in light of the specification
as it would be interpreted by one of ordinary skill in the art.” (cleaned up)) …
Court of Appeals, Federal Circuit, 2020 – Google Scholar
326 days ago – … Cir. 2017) (cleaned up). A … Cir. 2007). “This court has long rejected a
requirement of conclusive proof of efficacy for obviousness.” Acorda Therapeutics, Inc. v.
Roxane Labs., Inc., 903 F.3d 1310, 1333 (Fed. Cir. 2018) (cleaned up). 1 …
TRANSPACIFIC STEEL LLC v. United States
Court of Appeals, Federal Circuit, 2021 – Google Scholar
326 days ago – … v. Oliveira, 139 S. Ct. 532, 539 (2019) (cleaned up). Subsection (c)(1) states … The
1958 re-enactment, like the 1955 provision, authorized the President under appropriate conditions
to `take such action’ `as he deems necessary to adjust the imports.'” (cleaned up)) …
Flynn v. Department of Veterans Affairs
Court of Appeals, Federal Circuit, 2020 – Google Scholar
333 days ago – … Cir. 2003) (cleaned up). We see no reversible error in the AJ’s evaluation of the
evidence. CONCLUSION. We have considered Mr. Flynn’s additional arguments and find them
unpersuasive. For the foregoing reasons, we affirm. AFFIRMED. COSTS. No costs.
Par Pharmaceutical, Inc. v. HOSPIRA, INC.
Court of Appeals, Federal Circuit, 2020 – Google Scholar
347 days ago – … PDE.” JA 1043 (cleaned up). Par’s expert, Dr. Toste, explained that using the upper
limit of potential metals for his calculations was appropriate “[b]ecause the ANDA says [Hospira]
could have up to that amount [of transition metals] and still be able to sell [its product …
976 F. 3d 1337 – Court of Appeals, Federal Circuit, 2020 – Google Scholar
402 days ago – … the issuing court, in the exercise of its discretion, must be satisfied that the
writ is appropriate under the circumstances.” Cheney v. US Dist. Ct. for DC, 542 US 367,
380-81, 124 S.Ct. 2576, 159 L.Ed.2d 459 (2004) (cleaned up) …
Egenera, Inc. v. Cisco Systems, Inc.
972 F. 3d 1367 – Court of Appeals, Federal Circuit, 2020 – Google Scholar
431 days ago – … combination thereof.” Id. at *4. The district court noted that Egenera’s favored
definition was itself “so broad and formless as to be a generic black box for performing the
recited computer-implemented functions.” Id. at *6 (cleaned up) …
SEALY TECHNOLOGY, LLC v. SSB MANUFACTURING COMPANY
Court of Appeals, Federal Circuit, 2020 – Google Scholar
436 days ago – … prior art reference “creates `basically the same’ visual impression as the
claimed design.” Id. (cleaned up). The determination of whether a prior art design qualifies
as a primary reference is a factual issue. Id. (citation omitted) …
SONOMA APARTMENT ASSOCIATES v. US
939 F. 3d 1293 – Court of Appeals, Federal Circuit, 2019 – Google Scholar
690 days ago – … objection, the court found Dr. Ben-Zion qualified as an 1297 expert “who could
perform a damage calculation based on forensic economic concepts and who would opine on
all of [Sonoma’s] economic damages including tax neutralization.” JA 27 n.14 (cleaned up) …
SIMIO, LLC v. Flexsim Software Products, Inc.
983 F. 3d 1353 – Court of Appeals, Federal Circuit, 2020 – Google Scholar
706 days ago – … v. Elavon, Inc., 931 F.3d 1161, 1168 (Fed. Cir. 2019) (cleaned up), to determine
whether the claim’s “character as a whole” is directed to ineligible subject matter, Affinity Labs
of Tex., LLC v. DIRECTV, LLC, 838 F.3d 1253, 1257-58 (Fed. Cir. 2016) … 2347 (cleaned up …
UNILOC USA, INC. v. APPLE INC.
Court of Appeals, Federal Circuit, 2019 – Google Scholar
2 years ago – … Mfg. LLC v. Jewell, 790 F.3d 235, 241 (DC Cir. 2015). It is “the trial forum,” not us,
that is “vested with authority to determine questions of fact [and that should have] the opportunity
to evaluate all the evidence the parties believe relevant to the issues.” Id. (cleaned up …
MAATUK v. EMERSON ELECTRIC, INC.
Court of Appeals, Federal Circuit, 2019 – Google Scholar
2 years ago – … relationship once rent is not torn anew with each added use or disclosure,
although the damage suffered may thereby be aggravated.” Id. (cleaned up). We agree
that Dr. Maatuk’s trade secret misappropriation claim is time-barred …
MAKSIMUK v. CONNOR SPORT COURT INTERNATIONAL, LLC
Court of Appeals, Federal Circuit, 2019 – Google Scholar
2 years ago – … of adjudicatory authority from one Article III court to another, we have additionally
applied a clear-statement rule: A rule is jurisdictional if the Legislature clearly states that a
threshold limitation on a statute’s scope shall count as jurisdictional.” (emphasis added) (cleaned …