Evan Jonathan Wallach
How Judge Wallach rules, drawn from 46 signed orders. Every observation links to the order it came from.
How Judge Wallach decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
When the Court of International Trade lacks jurisdiction, he vacates and remands for dismissal instead of reaching the merits.
“Because the CIT did not have jurisdiction over the case, this court vacates and remands with instructions to dismiss for lack of jurisdiction.”
Customs classification begins with the text of the tariff headings and their section or chapter notes under the General Rules of Interpretation.
“The classification analysis always begins with GRI 1, which directs that ‘classification shall be determined according to the terms of the headings and any relative section or chapter notes.’”
For patent standing, he looks to whether an assignment transferred all substantial rights and does not allow later formalities to cure a plaintiff's lack of patentee status when suit began.
“Accordingly, we hold that Diamond is not a ‘patentee’ under 35 U.S.C. § 281.”
He gives effect to a specific statutory exception over a general timing rule and rejects legislative-history arguments that cannot overcome the enacted text.
“Performance’s maximalist reading of § 1504(a)(2)(A) is unpersuasive. Ostensibly drawn from legislative history, Performance’s argument is contradicted by the text of § 1504(a)(2)(A)’s carveout of ‘[e]xcept as provided in subparagraph (B).’”
In exceptional-case fee review, he requires the trial court to consider both the manner of litigation and the broader context rather than isolating the merits of a single claim.
“The District Court clearly erred by failing to address ECT’s manner of litigation and the broader context of ECT’s lawsuit against ShoppersChoice.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We vacate the district court's judgment of noninfringement and remand for further proceedings based on this court's interpretation of the 'system memory means,' 'matching,' and 'automated exchange.'”
“Because the Board did not err in rejecting the pending claims as obvious over Meron in view of Hirata and did not rely on new grounds for rejection, the Board is AFFIRMED.”
“For the above mentioned reasons, we vacate the district court's decision that the entire '130 patent is invalid, but uphold the district court's finding of invalidity of claims 1 and 19 under Sec. 102(g).”
“Therefore, for the foregoing reasons, the Final Written Decisions of the U.S. Patent and Trademark Office's Patent Trial and Appeal Board are AFFIRMED.”
“Accordingly, the Final Written Decision of the U.S. Patent and Trademark Office's Patent Trial and Appeal Board is AFFIRMED.”
“Accordingly, the decisions of the United States District Court for the Central District of California are AFFIRMED.”
“Accordingly, the Opinion and Order of the U.S. District Court for the District of New Jersey is AFFIRMED.”
“For the foregoing reasons, we vacate the District Court's Attorney Fee Order and remand for further proceedings.”
“Accordingly, we affirm the CIT's decision sustaining Customs's denial of Shell's protests.”
“Because the CIT did not have jurisdiction over the case, this court vacates and remands with instructions to dismiss for lack of jurisdiction.”
“Therefore, Yuanda's curtain wall units meet the definition of the subject aluminum extrusions. Accordingly, the decision of the CIT is AFFIRMED.”
Caseload & timing
From public federal docket records for this judge.
Circuit judges do not carry a trial caseload; not enumerated.
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