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   Federal Courts - Federal Circuit Court of Appeals - June 7, 2006

  
Aventis Pharma S.A. v. Amphastar Pharms., Inc., 05-1513, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 7, 2006, Decided , June 7, 2006, Filed
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Frederick v. OPM, 05-3218, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 7, 2006, Decided
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Overview: An appeal from the MSPB was dismissed because, pursuant to 5 U.S.C.S. § 1204(f), the court lacked jurisdiction over an employee's appeal from denial of his petition for regulation review. The court could not consider the case because the MSPB found the claim barred by res judicata and had not reached the merits of the claim.

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Liggins v. United States, 2006-5049, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 7, 2006, Decided
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Overview: Non-bidding plaintiffs lacked standing to appeal the dismissal of a breach of contract action against the United States when bidding plaintiff did not challenge the final decision. The non-bidders were not injured when the United States rejected the bid.

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Love v. DOJ, 06-3071, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 7, 2006, Decided
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Overview: An MSPB decision which affirmed an ATF decision removing an employee from his position was affirmed because the employee did not demonstrate that the Administrative Judge's conclusions as to the seriousness of the sustained charges and the appropriateness of the penalty were unreasonable.

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M2 Software, Inc. v. M2 Communs., Inc., 05-1599, (Opposition No. 91/158,118), UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 7, 2006, Decided
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Overview: The PTO Trademark Trial and Appeal Board properly found that confusion was not likely under the Lanham Act with respect to similar trademarks for CD-ROM products because the parties' goods were unrelated in nature and the marks were used in different channels of trade, which outweighed the similarity and fanciful nature of the marks.

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Remorin v. Office of Pers. Mgmt., 06-3084, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 7, 2006, Decided
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Overview: MSPB's final decision, which denied an employee a deferred annuity under the Civil Service Retirement System (CSRS), was affirmed because, since the employee never served in a position covered by CSRS, he could not qualify for the annuity. 5 U.S.C.S. § 8331(1)(ii) excluded a person who retired pursuant to an alternative federal retirement plan.

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Theus v. MSPB, 05-3265, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 7, 2006, Decided , June 7, 2006, Filed
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USA Video Tech. Corp. v. Movielink, LLC, 05-1451, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 7, 2006, Decided , June 7, 2006, Filed
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Weliver v. MSPB, 05-3275, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 7, 2006, Decided , June 7, 2006, Filed
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