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   Federal Courts - Federal Circuit Court of Appeals - January 25, 2007

  
Adrain v. Superchips, Inc., 2006-1376, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 25, 2007, Decided
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Overview: District court correctly construed claims 1 and 5 of United States Patent No. 5,523,948 ('948 patent) to require the device to remain installed in a vehicle, and because the accused products did not remain part of the vehicles, the accused products did not infringe. Claim 19 of the '948 patent was anticipated by United States Patent No. 5,278,759.

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Dobruck v. VA, 2006-3411, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 25, 2007, Decided
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Overview: MSPB properly sustained an arbitrator's decision upholding an agency's removal of an employee because his due process rights were not violated and substantial evidence, including his co-workers' testimony that his quality and quantity of work were below performance standards, supported a finding that his performance was unacceptable.

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Groves v. Nicholson, 2007-7044, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 25, 2007, Decided , January 25, 2007, Filed
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Hydril Co. LP v. Grant Prideco LP, 2006-1188, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 25, 2007, Decided
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Overview: Manufacturers properly alleged antitrust and patent infringement claims, since competitors' threats to enforce allegedly fraudulent patent against customers, rather than manufacturers, were sufficient to support antitrust claim, and waiver of claims in licensing agreement did not bar infringement claim which arose after agreement was terminated.

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Int'l Custom Prods. v. United States, 2006-1531, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 25, 2007, Decided
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Overview: United States Court of International Trade correctly held that it lacked jurisdiction under 28 U.S.C.S. § 1581(i) where importer's challenge to a classification decision should have been brought under § 1581(a) instead. Moreover, importer failed to file a protest of Customs's actions and avail itself of jurisdiction under § 1581(a).

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Logan v. Hormel Foods, Inc., 2006-1114, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 25, 2007, Decided
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Overview: Although district court erred in construing the term "support member in the meat" in claim 1 of United States Patent No. Re 35,374, that error was harmless where patentee failed to point to any evidence that defendant's prong used to make boneless hams helped the boneless meat maintain its shape or integrity during slicing, as required by claim 1.

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Marret v. Nicholson, 2007-7043, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 25, 2007, Decided , January 25, 2007, Filed
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Messier v. Nicholson, 2006-7202, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 25, 2007, Decided
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Savient Pharms., Inc. v. Sandoz, Inc., 2007-1081, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 25, 2007, Decided , January 25, 2007, Filed
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