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   Federal Courts - Federal Circuit Court of Appeals - January 5 - January 8, 2007

  
Abbott Labs. v. Andrx Pharms., Inc., 06-1101, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 5, 2007, Decided
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Overview: Preliminary injunction against alleged patent infringer was affirmed in a case related to clarithromycin because collateral estoppel did not apply, i.e., determination made in a preliminary injunction hearing was not sufficiently final to be afforded preclusive effect, and district court did not abuse discretion in finding likelihood of success.

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Padgett v. Nicholson, 2006-7037, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 5, 2007, Decided
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Overview: When a veteran died after his case was submitted for decision, but before the opinion issued, the U.S. Court of Appeals for Veterans Claims, a U.S. Const. art. I court, had authority to issue a judgment nunc pro tunc as of the time of his death. Under the facts, the surviving spouse, as accrued-benefits claimant, could be substituted on his appeal.

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Sederquist v. Nicholson, 2007-7020, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 5, 2007, Decided , January 5, 2007, Filed
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Aero Prods. Int'l, Inc. v. Intex Rec. Corp., 05-1283, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 8, 2007, Decided , January 8, 2007, Filed
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Amini Innovation Corp. v. Anthony Cal., Inc., 06-1096, -1129, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 8, 2007, Decided
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Overview: Finding that dresser did not infringe design patent for dresser with stylistic characteristics was improper, since distinguishing individual elements of dressers did not preclude ordinary observer from confusing dressers as wholes, and any existing style which influenced design patent did not preclude novel interpretation of such style.

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Gtech Corp. v. Sci. Games Int'l, Inc., 2006-1340, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 8, 2007, Decided , January 8, 2007, Filed
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Hunt Bldg. Co. v. Winter, 06-1125, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 8, 2007, Decided , January 8, 2007, Filed
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Schleicher Cmty. Corr. Ctr., Inc. v. Gonzales, 2006-1215, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 8, 2007, Decided
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Overview: Since quantum issues were outstanding, the Board of Contract Appeals' original decision regarding the claim for Contract Disputes Act (CDA) interest was not final, and Board was free to reexamine the issue in light of intervening case law. Since the contractor served as little more than a conduit, it was not entitled to 41 U.S.C.S. § 611 interest.

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