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   Federal Courts - Federal Circuit Court of Appeals - January 26 - January 29, 2007

  
Andersen Corp. v. Fiber Composites, LLC, 05-1434, 06-1009, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 26, 2007, Decided
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Overview: In this patent action, the prosecution history provided strong support for defendant's argument that the Group II patent claims should be narrowly construed as limited to products made by the process described in the specification, rather than covering all composite structural members, regardless of the process by which they were produced.

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Baird v. Dep't of the Army, 2007-3046, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 26, 2007, Decided , January 26, 2007, Filed
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Hanlin v. Nicholson, 2006-7075, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 26, 2007, Decided
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Overview: Where an attorney for the surviving spouse of a deceased veteran received fees from a benefits award to the spouse, fees from a subsequent award to the spouse's disabled adult son were properly denied since the attorney had no fee agreement with the son as required by 38 U.S.C.S. § 5904(c)(1), and the spouse and the son were not the same claimant.

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In re Seagate Tech., LLC, MISCELLANEOUS DOCKET NO. 830, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 26, 2007, Decided
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Int'l Elec. Tech. Corp. v. Hughes Aircraft Co., 2006-1368, 06-1368, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 26, 2007, Decided
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Stoyanov v. Dep't of the Navy, 2006-3363, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 26, 2007, Decided
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Overview: Merit Systems Protection Board properly concluded that it did not have jurisdiction to address complaints in the individual right of action (IRA), pursuant to 5 U.S.C.S. § 1221, because the allegations put forth in the employee's complaint involved personnel actions taken against the employee's brother, which were beyond the scope of the IRA claim.

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Thompson v. OPM, 2006-3262, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 26, 2007, Decided , January 26, 2007, Filed
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Bianchi v. United States, 06-5042, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 29, 2007, Decided
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Overview: Where contractor asserted that government improperly paid administrative award in contract dispute to contractor's assignee, jurisdiction was proper since contractor properly alleged government's breach of settlement agreement, but government properly paid award to assignee which was expressly designated by contractor to receive contract proceeds.

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Chiron Corp. v. Sourcecf, Inc., 2006-1590, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 29, 2007, Decided , January 29, 2007, Filed
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Isr. Bio-Engineering Project v. Amgen Inc., 06-1218, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 29, 2007, Decided
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Overview: Investor claimed it had standing to sue for patent infringement, 35 U.S.C.S. § 281, because it owned the whole patent by assignment under a sub-research and development contract. However, the court held that, without a complete ownership interest or the voluntary joinder of the assignee, the investor lacked standing to sue for infringement.

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