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   Federal Courts - Federal Circuit Court of Appeals - May 14, 2007

  
Biogenex Labs. v. Biotek Solutions, Inc., 06-1066, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 14, 2007, Decided , May 14, 2007, Filed
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Brand v. Miller, 2006-1419, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 14, 2007, Decided
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Overview: In interference to determine priority of different patents for same method of cutting veneer from wood logs, administrative board improperly awarded priority to junior party based on derivation since board impermissibly relied on its own expertise in determining that one skilled in art would recognize invention from junior party's drawings.

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Bright Ideas Co. v. Target Corp., 2007-1002, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 14, 2007, Decided , May 14, 2007, Filed
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Overview: A decision of invalidity under 35 U.S.C.S. § 102(b) and summary judgment in favor of defendant on plaintiff's patent infringement claims was vacated as it pertained to unasserted claims because the district court did not have jurisdiction over the claims not in controversy.

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Brooks v. Dep't of the Air Force, 2007-3069, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 14, 2007, Decided
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Overview: MSPB decision dismissing a retiree's appeal for lack of jurisdiction was affirmed because, inter alia, the Board had ample evidence from which it could conclude that the agency did not create circumstances that would have caused a reasonable employee in his position to feel coerced to retire.

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Gafford v. MSPB, 2006-3428, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 14, 2007, Decided
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Overview: MSPB decision dismissing appeal for lack of jurisdiction was affirmed because, inter alia, allegations that decision to reassign field attorneys was made after "heavy fire from the hill," even if proven, did not establish anything other than appropriate Congressional oversight of agency operations, which was not prohibited by 39 U.S.C.S. § 1002.

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Gilmore v. United States Postal Serv., 2007-3188, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 14, 2007, Filed
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Greenlee County v. United States, 2006-5053, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 14, 2007, Decided
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Overview: The government was not obligated to compensate a county for underpayments under the Payment in Lieu of Taxes Act (PILT) for lost tax revenue from tax-immune government land, since PILT limited the government's liability to the amount appropriated by Congress, even though the amount was insufficient to pay the county in full.

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In re Rockwell Med. Techs., Inc., MISCELLANEOUS DOCKET NO. 848, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 14, 2007, Decided , May 14, 2007, Filed
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Overview: A holder's petition for a writ of mandamus directing the Trademark Trial and Appeal Board to vacate a default judgment that cancelled its trademark registration met the requirements of Fed. R. App. P. 3(c) and was construed as a timely notice of notice of appeal, pursuant to 15 U.S.C.S. § 1071(a), over which the appellate court had jurisdiction.

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Martin v. DOT, 2006-3397, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 14, 2007, Decided , May 14, 2007, Filed
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Mastro Group LLC v. Maloneys of Cal., Inc., 2007-1287, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 14, 2007, Decided , May 14, 2007, Filed
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