United States Federal Circuit - August 2003 Opinion Summaries

GEORGE E. WARREN CORP. v. US

Environmental Law, International Trade, Tax Law
The Court of International Trade's ruling, that Harbor Maintenance Taxes and Environmental Taxes paid by plaintiff on various imported petroleum...

BAILEY v. US

Banking Law, Constitutional Law, Government Contracts, Property Law & Real Estate
The district court correctly determined that neither party's contract damages claims allege an Article III case or controversy or Fifth Amendment...

TERRY v. PRINCIPI

Administrative Law, Government Benefits, Health Law
38 C.F.R. section 3.303(c), which provides that "refractive error of the eye" is not a disease or injury within the meaning of veterans' benefits...

HONEYWELL INT'L, INC. v. INT'L TRADE COMM'N

Administrative Law, Commercial Law, Intellectual Property, International Trade, Patent
Claims of a patent disclosing a process for production of a polyester product were insolubly ambiguous, thus the U.S. International Trade Commission...

NITRO LEISURE PRODS., L.L.C. v. ACUSHNET CO.

Intellectual Property, Remedies, Trademark
The district court did not abuse its discretion in denying plaintiff's preliminary injunction motion, in view of plaintiff's failure to show a...

KUZMA v. PRINCIPI

Administrative Law, Government Benefits
The Court of Appeals for Veterans Claims correctly held that section 3(a) of the Veterans Claims Assistance Act (VCAA) is not retroactively available...

BAYER AG v. HOUSEY PHARMS., INC.

Drugs & Biotech, Intellectual Property, Patent
Infringement under 35 U.S.C. section 271(g) is limited to physical goods that were manufactured and does not include information generated by a...

E-PASS TECHS., INC. v. 3COM CORP.

Intellectual Property, Patent
Where the district court's construction of the claim term "electronic multi-function card" was incorrect, and issues of material fact remain in...

WINSETT v. PRINCIPI

Administrative Law, Civil Procedure, Government Benefits
The Court of Appeals for Veterans Claims' interpretation of 38 C.F.R. section 20.1400(b), as foreclosing a "clear and unmistakable error" claim on a...

PERRI v. US

Criminal Law & Procedure, Government Contracts, Remedies
Where there is no written agreement between plaintiff and FBI, 28 U.S.C. section 524(c)(1)(B) does not require the payment of money to recover...