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   Federal Courts - Federal Circuit Court of Appeals - February 2 - February 3, 2006

  
Brown v. Barbacid, 05-1119, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 2, 2006, Decided
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Overview: The United States Patent and Trademark Office, Board of Patent Appeals and Interferences, erred in awarding priority to appellees based on its finding that appellants' reasonable diligence had not been shown, as appellants' inventor's testimony on diligence had been corroborated by a laboratory technician.

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Harter v. United States Comm'r for Patents, 05-1307, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 2, 2006, Decided , February 2, 2006, Filed
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In re Beyond Innovation Tech. Co., MISCELLANEOUS DOCKET NO. 812, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 2, 2006, Decided , February 2, 2006, Filed
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Overview: Issue under 28 U.S.C.S. § 455(a) was whether a reasonable person would harbor doubts concerning the judge's impartiality. Judge's determination of whether to disqualify was reviewed for an abuse of discretion. None was found where the damages witness was a close friend of the judge and his personal accountant. Mandamus petition was denied.

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Spin Master Ltd. v. Overbreak LLC, 06-1110, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 2, 2006, Decided , February 2, 2006, Filed
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Carreon v. OPM, 06-3117, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 3, 2006, Decided , February 3, 2006, Filed
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Marriott Int'l Resorts, L.P. v. United States, 05-5046, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 3, 2006, Decided
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Overview: Commissioner of the Internal Revenue Service could delegate authority to invoke the deliberative process privilege on the agency's behalf; such delegation promoted efficiency in judicial administration and actual personal involvement in the complex process of invoking the privilege.

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Medichem, S.A. v. Rolabo, S.L., 05-1179, 05-1248, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 3, 2006, Decided
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Overview: Interference-in-fact existed between patents for making allergy medication, as defendant's patent rendered obvious plaintiff's patent since it would have been obvious to add tertiary amine. Plaintiff was erroneously awarded priority, as value of non-inventor's notebook fell short of that necessary for it to corroborate reduction to practice date.

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