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| Boyle v. Nicholson, 2007-7074,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 23, 2007, Decided
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Overview: Jurisdiction to review decisions of the U.S. Court of Appeals for Veterans Claims was limited by statute, 38 U.S.C.S. § 7292(d)(2). To extent BVA found that the veteran's insulin dosage did not meet the requirement for a rating higher than 20 percent, the factual question was beyond the scope of the court's review.
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| Furnace Brook LLC v. Overstock.com, Inc., 2007-1064,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 23, 2007, Decided
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Overview: Summary judgment of noninfringement was affirmed. Since the customer terminal means limitation used the term "means" and the phrase "customer terminal" identified no significant structure, district court correctly interpreted the critical limitation of "claim 5" as a means-plus-function limitation in accordance with 35 U.S.C.S. § 112, para. 6.
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| Ham Invs., L.L.C. v. Geren, 2007-1313,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 23, 2007, Decided, May 23, 2007, Filed
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| Rhodes v. MSPB, 2006-3340,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 23, 2007, Decided
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Overview: Where a federal employee elected to pursue negotiated grievance procedures with regard to an indefinite suspension, 5 U.S.C.S. § 7121(e) did not preclude an appeal to the Merit Systems Protection Board of an alleged failure to terminate the suspension timely, since the imposition and termination of the suspension were separate matters.
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| In re Bayer Aktiengesellschaft, 2006-1279 (Serial No. 78/212,751),
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 24, 2007, Decided
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Overview: Substantial evidence, including print dictionary definitions of "ASPIRINA" and online Spanish/English translations of ASPIRINA and aspirin, supported the decision of the U.S. PTO Trademark Trial and Appeal Board that an applicant's proposed trademark for Aspirina was merely descriptive for analgesic goods under § 2(e)(1) of the Lanham Act.
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| Monsanto Co. v. McFarling, 05-1570,-1598,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 24, 2007, Decided
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Overview: Judgment awarding injunctive relief and damages for infringement, caused when the farmer saved seeds for two growing seasons, was affirmed because the court was not required to revisit its earlier rationale for finding liability. The royalty amount that took into account future sales from dealers was reasonable, pursuant to 35 U.S.C.S. § 284.
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| Ray K. Factory v. OPM, 2006-3330,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, May 24, 2007, Decided , May 24, 2007, Filed
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