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   Federal Courts - Federal Circuit Court of Appeals - February 27, 2007

  
AquaTex Indus. v. Techniche Solutions, 2006-1407, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 27, 2007, Decided
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Overview: While prosecution history estoppel, and erroneous reliance on undisclosed features, did not bar claim of infringement of patent relating to material in evaporative cooling garments based on doctrine of equivalents, no equivalence was shown since there was no particularized expert testimony addressing equivalents on limitation-by-limitation basis.

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Baxter v. VA, 2007-3103, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 27, 2007, Decided , February 27, 2007, Filed
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Bookham, Inc. v. Unaxis Balzers AG, 2007-1027, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 27, 2007, Decided , February 27, 2007, Filed
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Crawfish Processors Alliance v. United States, 2006-1269, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 27, 2007, Decided
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Overview: U.S. Court of International Trade erred in upholding Department of Commerce's ruling that foreign company and American company were not affiliated entities per 19 U.S.C.S. § 1677(33)(E). Neither § 1677(33) nor 19 C.F.R. § 351.102(b) required proof of a transfer of cash or merchandise to prove at least 5 percent of stock ownership for affiliation.

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Exigent Tech., Inc. v. Atrana Solutions, Inc., 2006-1487, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 27, 2007, Decided , February 27, 2007, Filed
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FirstHealth of the Carolinas, Inc. v. CareFirst of Md., Inc., 2006-1148 (Opposition No. 91124847), UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 27, 2007, Decided
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Overview: Trademark Trial and Appeal Board did not abuse its discretion when it denied appellant's motion to reopen testimony on a counterclaim for abandonment of a trademark by appellee because appellant had not provided evidence of excusable neglect particularly when the delay in presenting testimony was mostly caused by appellant or appellant's counsel.

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Starr v. United States Postal Serv., 2007-3105, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 27, 2007, Decided , February 27, 2007, Filed
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Winters v. OPM, 2007-3076, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 27, 2007, Decided , February 27, 2007, Filed
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