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   Federal Courts - Federal Circuit Court of Appeals - April 20 - April 21, 2006

  
Bruckelmyer v. Ground Heaters, Inc., 05-1412, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, April 20, 2006, Decided
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Overview: District court properly granted defendants summary judgment of invalidity in a patent infringement action where two figures contained in a Canadian patent application were publicly accessible and as a result, the Canadian patent application was a printed publication for purposes of 35 U.S.C.S. § 102(b).

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Computervision Corp. v. United States, 05-5014, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, April 20, 2006, Decided
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Overview: Where taxpayer filed timely refund claim with the IRS on one issue but filed a claim for non-related interest 10 years later, its interest suspension claim was barred by 26 U.S.C.S. § 6511(a) because the informal claim, waiver, general claim, and germaneness doctrines were inapplicable to the claim for non-related interest under 26 U.S.C.S. § 7422.

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Ultratech, Inc. v. Tamarack Sci. Co., 05-1421, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, April 20, 2006, Decided , April 20, 2006, Filed
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Washburn v. Office of Pers. Mgmt., 2006-3147, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, April 20, 2006, Decided , April 20, 2006, Filed
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Parental Guide of Tex., Inc. v. Thomson, Inc., 05-1493, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, April 21, 2006, Decided
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Overview: Interpreting a settlement agreement under Texas law, the court found there was no "Litigation Royalty" expressly determined in the prior lawsuit in accordance with law applicable to 35 U.S.C.S. § 284, such that the alleged infringer was not obligated to pay a contingent payment under the Agreement. Summary judgment for alleged infringer was upheld.

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Richlin Sec. Serv. Co. v. Chertoff, 05-1085, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, April 21, 2006, Decided , April 21, 2006, Filed
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Sun Coast Merch. Corp. v. CCL Prods. Enters., 05-1173, 05-1216, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, April 21, 2006, Decided
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Overview: Infringement, 35 U.S.C.S. § 271, was a fact question. Because the court clarified the construction of "trunnions" and "damping means," and several issues remained to be addressed, the case was remanded to determine whether certain designs literally infringed asserted claims of a patent disclosing a calculator containing a certain lid mechanism.

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