United States Federal Circuit - October 2001 Opinion Summaries

NATIONSBANK OF TEXAS, N.A. v. US

Tax Law
Section 13208 of Title XIII of the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66, amending 26 USC 2001(c) to permanently and...

SPECIAL DEVICES, INC. v. OEA, INC.

Civil Procedure
A district court's award of attorney fees for an unspecified amount is not a final decision, so the appellate court lacks jurisdiction to hear the...

SCALTECH, INC. v. RETEC/TETRA, L.L.C.

Intellectual Property, Patent
An offer of commercial exploitation of a process, even if no license or sale of the patent is intended, implicates the on sale bar of 35 USC 102(b),...

TURNER v. SEC'Y. OF HEALTH & HUMAN SERVS.

Injury & Tort Law
The National Childhood Vaccine Injury Act of 1986, 42 USC 300aa-1 to 34, provides a presumption that the vaccination caused the exhibited symptoms,...

MYLAN PHARMACEUTICALS, INC. v. THOMPSON

Intellectual Property, Patent
Because 21 US 337(a) limits the ability to seek "delisting" as a form of relief to those actions "by and in the name of the United States", a private...

SHAKEPROOF ASSEMBLY COMPONENTS DIV. OF ILLINOIS TOOL WORKS, INC. v. US

International Trade
19 USC 1677b(c)(1) does not require that the US Dep't of Commerce Int'l Trade Admin. always use surrogate country values, but that the valuation of...

ASYST TECHS., INC. v. EMPAK, INC.

Intellectual Property, Patent
The corresponding structure to a function set forth in a means-plus-function limitation must actually perform the recited function, not merely enable...

BRASSELER, U.S.A. I, L.P. v. STRYKER SALES CORP.

Attorney's Fees, Intellectual Property, Patent
Where the inventors failed to disclose material information to their patent attorneys, and the attorneys failed to conduct an investigation adequate...

BALLARD MED. PRODS. v. ALLEGIANCE HEALTHCARE CORP.

Intellectual Property, Patent
District courts considering patent cases are not required to conduct a detailed, limitation-by-limitation construction of each of the asserted claims,...

XEROX CORP. v. 3COM CORP.

Cyberspace Law, Intellectual Property, Patent
Where the patent for single stroke symbols (used for improved computer recognition of human handwriting) relies upon both geometric shape and the...