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| Blue Dot Energy Co. v. United States, 05-5058,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 2, 2006, Decided
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Overview: USAF was within its discretion under Competition in Contracting Act to issue a sole-source solicitation and award a solid waste disposal contract to a holder of a Washington State Utilities and Transportation Commission certificate, rather than to a competitor who had no certificate, after finding that the holder was the only responsible source.
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| Browder v. Nicholson, 05-7182,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 2, 2006, Decided
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Overview: Court upheld order of veterans' appeals court dismissing veteran's petition challenging Secretary of Veterans Affairs' appointment of fiduciary per 38 U.S.C.S. § 5502(a)(1); as veterans' appeals court would not have had jurisdiction over order of board of veterans' appeals, it rightly ruled that it lacked jurisdiction to review issue as presented.
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| Fritsch v. Nicholson, 05-7196,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 2, 2006, Decided , May 2, 2006, Filed
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| Global Maintech Corp. v. I/O Concepts, Inc., 05-1340,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 2, 2006, Decided
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Overview: Defense summary judgment of non-infringement was affirmed over patentee's claim that district court construed relevant claim limitation too narrowly as district court was right to consider context of intrinsic evidence and to rely on extrinsic evidence merely to support claim construction from claims, written description, and prosecution history.
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| Kyocera Wireless Co. v. President Elecs., Ltd., 06-1131,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 2, 2006, Decided
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Overview: A wireless company was properly granted summary judgment on its claim for a judgment declaring that it did not infringe on a patentee's design patent because the district court carefully compared the accused cellular telephone with the patented design and expert testimony was not necessary when the case did not involve complex technology.
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| Northwest La. Fish & Game Pres. Comm'n v. United States, 05-5031,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 2, 2006, Decided
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Overview: Because the growth of vegetation in a lake was a slow natural process that had not stabilized to cause a taking claim to accrue until well after a particular pool constructed by the United States Corps of Engineers had reached its capacity, a decision holding that the takings claim was time barred by 28 U.S.C.S. § 2501 was reversed.
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| Nowak v. Merit Sys. Prot. Bd., 06-3063,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 2, 2006, Decided
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Overview: The MSPB properly dismissed, for lack of jurisdiction, an employee's appeal from her separation from a federal agency because she was covered by a CBA that did not specifically exclude RIF actions from its alternative dispute resolution process, pursuant to 5 U.S.C.S. § 7121(a).
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