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| Cross Med. Prods. v. Medtronic Sofamor Danek, Inc., 05-1415,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 20, 2007, Decided
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Overview: Summary judgment of infringement of two patent claims was reversed on appeal, where the polyaxial screws in the alleged infringing product neither literally infringed or infringed by equivalents; the prosecution history explained how the stabilizer aspect of the invention operated and overcame the 35 U.S.C.S. § 112 rejections.
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| Hubbard v. United States, 2003-5076, -5080, 2005-5167,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 20, 2007, Decided
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Overview: The government's challenge to a trial court's award of attorneys fees of $110,000 to plaintiff contractor under 28 U.S.C.S. § 2412, was unreasonable and excessive where the only damages proven by the contractor was $ 400. The award of fees was vacated and remanded for calculation of a fee reasonably tailored to the award of damages.
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| Stilley v. Dep't of Veterans Affairs, 2006-3296,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 20, 2007, Decided
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Overview: An arbitrator, who reversed a decision of the Department of Veterans Affairs removing petitioner from her employment as a nurse, acted within his discretion when he imposed a time-served disciplinary suspension without pay because petitioner admitted at least some of the misconduct on which the initial removal action was based.
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| eSpeed, Inc. v. BrokerTec USA, L.L.C., 2006-1385,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 20, 2007, Decided
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Overview: A district court did not abuse its discretion in holding that a patent pertaining to automated methods and systems for trading financial instruments was unenforceable due to inequitable conduct as the declarations regarding certain software were material and were submitted during the prosecution in an attempt to deceive the examiner.
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| Augustine v. VA, 2006-3307,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 21, 2007, Decided
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| Prickett v. Nicholson, 2007-7057,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 21, 2007, Decided
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| Tully v. DOJ, 2007-3004,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 21, 2007, Decided
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Overview: The MSPB properly denied an employee's claim against his agency employer for pay for holidays that occurred while he was on leave without pay to serve on active military duty because the leave of absence to which 38 U.S.C.S. § 4316(b)(1) of the USERRA referred was comparable to the leave provided to a service member for military service.
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