United States Federal Circuit - August 2001 Opinion Summaries

EMERY WORLDWIDE AIRLINES, INC. v. US

Administrative Law, Government Contracts
Because previous experience showed that a competitive bidding process would take much longer to perform than negotiating a sole-source award and would...

HEARTLAND BY-PRODUCTS, INC. v. US

International Trade
The United States Customs Service classification of certain sugar syrup under subheadings 1702.90.10/20 of the Harmonized Tariff Schedule of the...

TURBOCARE DIV. OF DEMAG DELAVAL TURBOMACHINERY CORP. v. GEN. ELEC. CO.

Intellectual Property, Patent
Where the specification makes clear that the claim term was used to denote structure, not function, the claim is not in means-plus-function form and...

ALEXANDER v US POSTAL SERV.

Labor & Employment Law
Where the agreement to waive the right to appeal to the Merit Systems Protection Board specifies only one incident and effect, the employee has not...

SKF USA INC. v. US

Antitrust & Trade Regulation, International Trade
The US Department of Commerce must adequately explain why it has interpreted the phrase "foreign like product" one way when making price-based...

AM. EXPRESS CO. v. US

Tax Law
The IRS's own Revenue Procedure does not contain statutes, so courts may defer to the IRS interpretation of terms without the need for Chevron...

WINBOND ELECS. CORP. v. INT'L TRADE COMM'N

Intellectual Property, Patent
Where the patent owner offered an industry-wide royalty-free license if the industry adopted the patent as an industry standard, but the industry...

MCGINLEY v. FRANKLIN SPORTS, INC.

Intellectual Property, Patent
35 USC 112 guarantees drafters of means-plus-function claim limitations a range of equivalents extending beyond that which is explicitly disclosed in...

ROTHE DEV. CORP. v. US DEP'T OF DEF.

Constitutional Law, Government Contracts
The National Defense Authorization Act of 1987, 10 USC 2323, which permits the United States Department of Defense to preferentially select bids...

GLAXO GROUP LTD. v. RANBAXY PHARMACEUTICALS, INC.

Intellectual Property, Patent
Where the product for which defendant seeks FDA approval contains a higher crystalline content than the "crystalline free" product of plaintiff's,...