United States Federal Circuit - October 2003 Opinion Summaries

SIMPSON v. OFFICE OF PERS. MGMT.

Government Benefits
The Merit Systems Protection Boards' denial of plaintiffs application for a survivor annuity is reversed where defendant failed as a matter of law to...

MERCK & CO., INC. v. TEVA PHARMS. USA, INC.

Drugs & Biotech, Intellectual Property, Patent
In an infringement suit, judgment to plaintiff is affirmed where the court 1) properly construed the claims, 2) correctly found that the claimed...

AGWIAK v. US

Government Law, Labor & Employment Law
The Court of Federal Claims' decision that the plaintiffs were not entitled to per diem compensation is affirmed where an agency can designate a...

CONSOLIDATED BEARINGS CO. v. US

International Trade
In a case involving antidumping liquidation procedures for imports, the trial court correctly found a basis for jurisdiction under 28 U.S.C. section...

APOTEX, INC. v. THOMPSON

Drugs & Biotech, Intellectual Property, Patent
In a case alleging patent infringement and Hatch-Waxman Act violations, judgment in favor of the defendant is affirmed with respect to holdings that,...

NAVAJO NATION v. US

Government Contracts, Indian Law
In light of the Supreme Court's finding that the Indian Mineral Leasing Act of 1938, 25 U.S.C. section 396, does not impose a fiduciary duty upon the...

CHEN v. BOUCHARD

Evidence, Intellectual Property, Patent
In an action involving applications directed to 7,8-cyclopropataxols, the Board of Patent Appeals and Interferences judgment to defendants is affirmed...

PARK B. SMITH, LTD. v. US

International Trade
United States Court of International Trade's holding that certain imported goods are prima facie classifiable as Festive Articles under Heading 9505...

KINDALL v. OFFICE OF PERS. MGMT.

Administrative Law, Government Benefits
The final decision of the Merit Systems Protection Board not to increase the plaintiff's survivor annuity to reflect cost-of-living adjustments is...

POLYMER INDUS. PRODS. CO. v. BRIDGESTONE/FIRESTONE, INC.

Civil Procedure, Intellectual Property, Patent
The district court's dismissal of an infringement suit, for a patent relating to tire manufacture, is affirmed where plaintiff's infringement claim...