United States Federal Circuit - November 2001 Opinion Summaries

KWAN v. US

International Law
Korean veterans do not have private right of action to enforce Brown Commitment between the US and South Korea where the US promised to pay Koreans...

STATE OF CALIFORNIA v. US

Environmental Law, Government Contracts
Flood Control Act of 1928, 33 USC 702c (1994), does not immunize the United States from breach-of-contract claims for damages arising from or related...

VEREDA, LTDA. v. US

Constitutional Law
A mortgagee may not assert a viable Fifth Amendment taking claim in the United States Court of Federal Claims following the government's in rem...

COMMONWEALTH EDISON CO. v. US

Constitutional Law, Public Utilities
Energy Policy Act of 1992, which imposes special monetary assessments on domestic utilities for the remediation of environmentally contaminated...

RHONE-POULENC AGRO, S.A. v. DeKALB GENETICS CORP.

Intellectual Property
Under North Carolina law, evidence that party promised to disclose results of field tests imposed affirmative duty to do so when test results turned...

WYATT v. US

Constitutional Law
The voluntary relinquishment of a property interest caused by government delay cannot transform a temporary taking into a permanent taking.

RHONE-POULENC AGRO, S.A. v. DeKALB GENETICS CORP.

Intellectual Property, Patent
A sublicensee that acquired the sublicense from a licensee that acquired the original license by fraud, may retain the sublicense by establishing that...

DEWAKUKU v. MARTINEZ

Indian Law
There is not an implied private right of action under the former the Indian Housing Act of 1988, 42 USC 1437aa-1437ff.

REXNORD CORP. v. LAITRAM CORP.

Intellectual Property, Patent
Patent applicant's failure to describe in the specification a conceivable and possible future embodiment of his invention does not preclude claim...

JEFFERSON v. PRINCIPI

Government Benefits
Under 8 USC 7292, Board of Veteran's Appeals finding that plaintiff did not have heart disease is a finding of fact not reviewable on appeal even if...