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   Federal Courts - Federal Circuit Court of Appeals - January 9, 2006

  
AD Global Fund, LLC v. United States, MISCELLANEOUS DOCKET NO. 810, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 9, 2006, Decided , January 9, 2006, Filed
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Overview: The certified question of whether 26 U.S.C.S. § 6229 extended the general statute of limitations for assessing taxes set forth in 26 U.S.C.S. § 6501 or was a separate statute of limitations applicable to partnerships was appropriate for immediate appeal as a controlling question of law subject to differences of opinion.

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Cent. Transp. Int'l, Inc. v. United States, 05-5050, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 9, 2006, Decided , January 9, 2006, Filed
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Discenza v. Dep't of the Navy, 05-3078, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 9, 2006, Decided , January 9, 2006, Filed
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Goodrich v. United States, 05-5047, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 9, 2006, Decided
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Overview: Forest Service made a final decision to grant "animal unit months" (AUMs) at Whitetail to another permittee on February 28, 1997, when it issued its final EIS and Record of Decision. A rancher's takings claim accrued as of that date. Because he did not file until more than six years after accrual, his cause of action was barred, 28 U.S.C.S. § 2501.

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Habasit Belting v. Rexnord Indus., 06-1048, 06-1107, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 9, 2006, Decided , January 9, 2006, Filed
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Overview: Where an order stayed patent infringement litigation pending inter partes reexamination, the stay did not foreclose review on the merits by the court and thus an immediate appeal of the stay order was not warranted since the order did not put appellant effectively out of court.

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In re Morse Diesel Int'l, MISCELLANEOUS DOCKET NO. 808, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 9, 2006, Decided , January 9, 2006, Filed
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Overview: Where contractor sued government for breach of contract and government counterclaimed for fraud also involving contract which was subject to agency appeal by contractor, writ of mandamus vacating transfer of agency appeal under 41 U.S.C.S. § 609 was not warranted absent precedent establishing that counterclaim by itself did not support transfer.

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Matthews v. United States, 05-5137, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 9, 2006, Decided , January 9, 2006, Filed
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Schor v. DOT, 06-3005, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 9, 2006, Decided , January 9, 2006, Filed
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nCube Corp. v. SeaChange Int'l, Inc., 03-1341, 03-1366, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 9, 2006, Decided
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Overview: In a case where the patent provided a "a better means and method for providing multimedia data in a networked system," the court, inter alia, upheld trial court's denials of Judgment as a Matter of Law (JMOL) on literal infringement, and its award of enhanced damages, and attorney fees under 35 U.S.C.S. § 285 based on the case being "exceptional."

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