Articles Posted in US Court of Appeals for the Federal Circuit

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A U.S. Department of Commerce regulation states: “The Secretary will rescind an administrative review ... if a party that requested a review withdraws the request within 90 days of the date of publication of notice ... The Secretary may extend this time limit if the Secretary decides that it is reasonable to do so,” 19 C.F.R. 351.213(d)(1). In 2011, Commerce announced in a published guidance document that parties seeking untimely withdrawals would no longer be able to get an extension based on what might be reasonable under the circumstances in light of the concerns previously identified and employed by Commerce, but would have to demonstrate the existence of an “extraordinary circumstance.” Commerce applied the 2011 guidance in the Glycine case. The Court of International Trade remanded, invalidating the change in methodology. Commerce, under protest, extended the deadline for Glycine to withdraw its request for administrative review of an antidumping order and rescinded the review. The Trade Court and Federal Circuit affirmed. Since the 2011 Notice was intended to effectively rewrite the substantive meaning of the regulation without going through the necessary notice-and-comment rulemaking, it has no legal standing. The Administrative Procedure Act, 5 U.S.C. 551, does not permit amendment of an agency regulation, previously adopted by formal notice-and-comment rulemaking procedure, by a guidance document that is not so enacted. View "Glycine & More, Inc. v. United States" on Justia Law

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Stellar and Allied are American companies. Stellar sent Allied's Mexican distributors notice letters accusing them of infringing Stellar’s Mexican Patent. Allied manufactures the accused products in the U.S., which are then sold in Mexico by the distributors. Allied sells the same product in the U.S. under a different name. Allied’s U.S. counsel responded to Stellar’s notice letters on behalf of the distributors, arguing that the products did not infringe. Stellar did not respond but filed infringement actions in Mexico. Allied then sought a declaratory judgment against Stellar in the Southern District of Florida, of non-infringement, invalidity, unenforceability due to inequitable conduct, and tortious interference with business relationships. The district court dismissed for lack of subject matter jurisdiction, stating: “Stellar’s decision to enforce its Mexican patent under Mexican law against separate entities cannot, without further affirmative action by Stellar, create an actual controversy with Allied with regard to its U.S. Patent,” and that the complaint was “devoid of any allegations that Stellar has done anything to give Allied a reasonable belief that Stellar intends to enforce its 974 Patent in the United States.” The Federal Circuit affirmed. Stellar’s actions do not create a justiciable case or controversy. View "Allied Mineral Products, Inc. v. OSMI, Inc." on Justia Law