United States Federal Circuit - February 2009 Opinion Summaries

Killeen v. Office of Personnel Mgmt.

Administrative Law, Government Benefits, Labor & Employment Law
In an appeal of a Merit Systems Protection Board judgment upholding an OPM retirement annuity award, Board's decision is vacated and remanded where an...

Robinson v. Shinseki

Administrative Law, Military Law
In an appeal of a decision of the Court of Appeals for Veterans Claims upholding a decision by the Board of Veterans' Appeals denying service...

Eli Lilly and Co. v. Teva Pharm. USA., Inc.

Drugs & Biotech, Intellectual Property, Patent
In a patent infringement action related to a drug for the treatment and prevention of postmenopausal osteoporosis, the district court's order in favor...

Delalat v. Dep't of the Air Force

Administrative Law, Labor & Employment Law, Military Law
In an appeal of a Merit Systems Protection Board action, denial of plaintiff's petition for review for lack of jurisdiction is vacated and remanded...

Daewoo Eng'g and Constr. Vo., Ltd. v. US

Contracts, Government Law
In a breach of contract action, Court of Federal Claims ruling that plaintiff committed fraud is affirmed, where: 1) the finding that plaintiff made a...

SKF USA., Inc. v. US Customs and Border Prot.

Constitutional Law, International Trade
In an appeal of a Court of International Trade decision, judgment declaring portions of the Byrd Amendment unconstitutional is reversed where: 1) the...

NMB Singapore Ltd., v. US

International Trade
In an appeal of a Court of International Trade affirmation of a Department of Commerce decision regarding the dumping of antifriction bearings: 1)...

Biltmore Forest Broadcasting FM, Inc. v. US

Administrative Law, Civil Procedure, Communications Law, Government Contracts, Government Law
In a broadcaster's suit under the Tucker Act alleging that the FCC breached an implied-in-fact contract that arose as the result of an auction for an...

Moore v. Shinseki

Administrative Law, Government Benefits, Government Law, Health Law, Military Law
A decision denying veteran's request for a higher disability rating is reversed and remanded where the Department of Veterans Affairs erred in failing...

Ball Aerosol & Specialty Container, Inc. v. Ltd. Brands, Inc.

Intellectual Property, Patent
In a patent case brought against defendants including Bath & Body Works involving a candle tin with a removable cover that also acts as a base for...