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   Federal Courts - Federal Circuit Court of Appeals - May 26 - May 30, 2006

  
Advanced Cardiovascular Sys. v. Medtronic Vascular, Inc., 05-1280, 05-1281, 05-1282, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 26, 2006, Decided
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Overview: The district court properly granted the medical device manufacturers summary judgment on the patent infringement claims where its construction of the term stent was consistent with the specification and the term's ordinary meaning, the patent holder had disavowed additional elements, and none of the accused devices had the requisite segments.

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Falkner v. Inglis, 05-1324, (Interference No. 105,187), UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 26, 2006, Decided
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Overview: The United States Board of Patent Appeals and Interferences' award of priority to a patent applicant was upheld where there was no error in the conclusions that the disclosure relied upon by the applicant for priority purposes adequately described and enabled the invention directed to poxviruses and substantial evidence supported the conclusions.

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Breckenridge Pharm., Inc. v. Metabolite Labs., Inc., 05-1221, 05-1428, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 30, 2006, Decided , May 30, 2006, Filed
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Harding v. VA, 05-3182, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 30, 2006, Decided
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Overview: The United States Merit Systems Protection Board erred when it held that it lacked jurisdiction over U.S. Department of Veterans Affairs physician employee's Whistleblower Protection Act retaliatory discharge claim. 5 U.S.C.S. § 2105(f) overrode the specificity requirements of 38 U.S.C.S. § 7425(b) and the 38 U.S.C.S. § 7462 exclusivity provision.

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Sharp Kabushiki Kaisha v. Thinksharp, Inc., 05-1220 (Opposition No. 91/118,745), UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 30, 2006, Decided
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Overview: PTO Trademark Trial and Appeal Board properly dismissed appellant's opposition to registration of a word mark after finding that appellee's choice to contest only a word mark opposition was not barred res judicata by a default judgment for appellant in the word-and-design opposition, which did not decide likelihood of confusion of different marks.

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