United States Federal Circuit - January 2004 Opinion Summaries

SAVE DOMESTIC OIL, INC. v. US

Commercial Law, International Trade, Oil and Gas Law
In determining whether the petitions of domestic producers, seeking the imposition of various duties on crude oil imports, had the requisite industry...

NAT'L STEEL CAR, LTD. v. CANADIAN PAC. RY., LTD.

Intellectual Property, Patent, Transportation
The record shows substantial merit in defendant's 35 U.S.C. section 272 defense to infringement, and in its obviousness defense. District court abused...

SMITHKLINE BEECHAM CORP. v. EXCEL PHARMS., INC.

Drugs & Biotech, Intellectual Property, Patent
Defendant was not entitled to summary judgment of noninfringement. The present record does not address the foreseeability of sustained release agent...

RUIZ v. A.B. CHANCE CO.

Construction, Intellectual Property, Patent
Defendant's patented underpinning system was properly found to be obvious under 35 U.S.C. section 103; district court committed no clear error in...

GLAXO WELLCOME, INC. v. IMPAX LABS., INC.

Drugs & Biotech, Intellectual Property, Patent
Because plaintiff cannot prove infringement literally or under the doctrine of equivalents, summary judgment was appropriate. There is ample evidence...

CO-STEEL RARITAN, INC. v. INT'L TRADE COMM'N

International Trade
In an antidumping case, the Court of International Trade erred in Co-Steel I when it remanded the case to the Commission for further consideration in...

JAMES v. DALE

Dispute Resolution & Arbitration, Labor & Employment Law
In reversing the removal of defendant from the INS as a border patrol agent, because an arbitrator abused his discretion by substituting his own...

LIQUID DYNAMICS CORP. v. VAUGHAN CO., INC.

Intellectual Property, Patent
When granting summary judgment of noninfringement of a patent concerning slurry tank structures, the district court erred in construing the claim term...

AINSLIE v. US

Labor & Employment Law, Military Law
The US Court of Federal Claims dismissal of plaintiff's claims for back pay for failure to state a claim upon which relief could be granted, is...

PSC COMPUTER PRODS., INC. v. FOXCONN INT'L, INC.

Intellectual Property, Patent
Because plaintiff dedicated plastic retainer clips to the public by explicitly claiming only clips made of metal while specifically disclosing that...