United States Federal Circuit - January 2002 Opinion Summaries

WALLEY v. DEP'T VETERANS AFFAIRS

Labor & Employment Law
Plaintiff failed to establish that the Merit Systems Protection Board erred in concluding that she had not been denied restoration rights as a...

UNIV. OF W. VIRGINIA v. VANVOORHIES

Contracts, Intellectual Property, Patent
A university patent policy, which broadly applies to all university personnel and does not specify that the university's ownership is subject to...

HOOP v. HOOP

Intellectual Property, Patent
In appeal from preliminary injunction enjoining an applicant from patent infringement of an earlier applicant's motorcycle fairing guards, the court...

IN RE: BERGER

Intellectual Property, Patent
Because appellant's original claims did not include a material limitation of a later claim added to the application, which copied prior art from...

JWK INT'L CORP. v. US

Administrative Law, Government Contracts
Federal Acquisition Regulation Section 15.306(d)(3) does not require a contracting officer to enter into cost discussions with bidders whose cost...

LUDLUM v. DEP'T OF JUSTICE

Administrative Law
In a Merit Systems Protection Board hearing, an FBI agent who made widely conflicting statements regarding the number of times he used a bureau...

FRANKLIN PAVKOV CONSTR. CO. v. ROCHE

Government Contracts
In a contract dispute where the government made government-furnished property available for delivery to the contractor, the contractor failed to...

SYMBOL TECH., INC v. LEMELSON MED., EDUC. & RESEARCH FOUND.

Intellectual Property, Patent
The equitable doctrine of laches may be applied to bar enforcement of patent claims that issued after an unreasonable and unexplained delay in...

OMAN-FISCHBACH INT'L (JV) v. PIRIE

Government Contracts, Property Law & Real Estate
A government waste disposal contract that lists three potential dump sites to be selected by a government officer does not contain an implied warranty...

ANDRX PHARMACEUTICALS, INC. v. BIOVAIL CORP.

Health Law, Intellectual Property, Patent
Under 21 USC 355(j)(5)(B)(iii), a district court has no authority in a drug patent infringement action to shorten the FDA's thirty-month stay of...