United States Federal Circuit - July 2005 Opinion Summaries

Walls v. US

Civil Procedure, Criminal Law & Procedure, Elder Law, Government Benefits
Plaintiff's challenge to monthly deductions from his retirement pay, which defray his costs of incarceration, is dismissed as time-barred under 28...

Althen v. Sec'y of Health and Human Serv.

Government Benefits, Health Law
Judgment in favor of plaintiff's claim for a loss of vision, caused by a tetanus toxoid vaccination, is affirmed where she met the statutory burden...

Electromotive Division of GM Corp. v. Transp. Sys. Division of GE Co.

Intellectual Property, Patent
In a patent dispute concerning locomotive engines parts, summary judgment in favor of defendant is affirmed where the disputed patents have been...

Granite Mgmt. Corp. v. US

Banking Law, Contracts
In a suit for contract damages stemming from the enactment of the Financial Institutions Reform, Recovery, and Enforcement Act, summary judgment for...

Timber Prod. Co. v. US

Commercial Law, International Trade
In a case concerning the proper tariff classification of plywood, judgment in favor of the Government is vacated where the trial court misapplied the...

Lion Raisins, Inc. v. US

Agriculture, Constitutional Law
Plaintiff's takings claim is dismissed for lack of jurisdiction given the availability of an alternative administrative and judicial review procedure.

N. Am. Container, Inc. v. Plastipak Packaging, Inc.

Intellectual Property, Patent
In a patent infringement dispute concerning plastic bottles, summary judgment of noninfringement in favor of defendant is vacated where the district...

AT&T Corp. v. Microsoft Corp.

Intellectual Property, Patent
Foreign manufacture of a mere component of a patented product creates liability in the United States under 35 U.S.C. section 271(f).

Bd. of Regents, v. Nippon Tel.

Intellectual Property, Patent
Plaintiff's appeal is dismissed for lack of jurisdiction where its tortious interference claims assert only causes of action created by the state law...

Enzo Biochem, Inc. v. Gen-Probe Inc.

Intellectual Property, Patent
In a patent infringement dispute, plaintiff's appeal is dismissed where it is not from a final decision since defendant's unenforceability...