Army Board of Contract Appeals did not have proper jurisdiction over appeal.
SYSTEMS DEVELOPMENT CORP. V. MCHUGH
Recent Precedential Slip Opinions from the U.S. Circuit Courts of Appeals.
Wednesday, September 28, 2011
Federal Circuit -- MARINE POLYMER TECHNOLOGIES, INC. V. HEMCON, INC.
Doctrine of absolute intervening rights protects products produced before reexamination date.
Making of substantive changes in claim during reexamination makes grounds of original claim moot.
Dissent - Shouldn't review, absolute intervening rights don't apply absent a change in the claim.
MARINE POLYMER TECHNOLOGIES, INC. V. HEMCON, INC.
Making of substantive changes in claim during reexamination makes grounds of original claim moot.
Dissent - Shouldn't review, absolute intervening rights don't apply absent a change in the claim.
MARINE POLYMER TECHNOLOGIES, INC. V. HEMCON, INC.
Federal Circuit -- CORDIS CORP. V. BOSTON SCIENTIFIC CORP.
Despite intervening sale of assets, breaching party still expected to perform so long as contract has not been repudiated. No damages until they have actually been incurred.
Partial breach, not total breach.
Commercial enterprise exception does not apply - govt was not trying to make a profit.
CORDIS CORP. V. BOSTON SCIENTIFIC CORP.
Partial breach, not total breach.
Commercial enterprise exception does not apply - govt was not trying to make a profit.
CORDIS CORP. V. BOSTON SCIENTIFIC CORP.
Federal Circuit -- CORDIS CORP. V. BOSTON SCIENTIFIC CORP.
District court constructed 'undulating' correctly.
No error in Judgment as a Matter of Law for no infringement, notwithstanding jury verdict.
District court correctly found no inequitable conduct.
CORDIS CORP. V. BOSTON SCIENTIFIC CORP.
No error in Judgment as a Matter of Law for no infringement, notwithstanding jury verdict.
District court correctly found no inequitable conduct.
CORDIS CORP. V. BOSTON SCIENTIFIC CORP.
Eleventh Circuit -- Anthony Catron, et al v. City of St. Petersburg
Homeless plaintiffs have stated a valid Due Process claim against municipal trespass regulation, as there is no means of challenging preliminary warnings.
No 1A, 14A or state claims.
Dissent - No remaining federal claims, so punt the procedural DP claim to the state courts.
No 1A, 14A or state claims.
Dissent - No remaining federal claims, so punt the procedural DP claim to the state courts.
Anthony Catron, et al v. City of St. Petersburg
Eleventh Circuit -- Frank A. Walls v. Edwin G. Buss
No ineffective assistance, as deft's counsel presumably made a strategic choice to be open with the jury about interrogation evidence relating to an uncharged sexual assault on the murder victim.
Finder of fact upheld on peremptory strike.
Frank A. Walls v. Edwin G. Buss
[Thou shalt not kill. - TMB]
Ninth Circuit -- USA V. JUAN BARRAZA-LOPEZ
Speedy Trial Act 30 day clock resets when charges are dismissed without prejudice and then refiled.
USA V. JUAN BARRAZA-LOPEZ
USA V. JUAN BARRAZA-LOPEZ
Ninth Circuit -- USA V. HARRY STONEHILL
Misconduct by US in tax case was tangential to the main issues - no fraud on the court.
USA V. HARRY STONEHILL
USA V. HARRY STONEHILL
Ninth Circuit -- ALEXIS DEGELMANN V. ADVANCED MEDICAL OPTICS INC.
Class members who purchased defective eye drops but who did not incur harm have standing to sue for false advertising.
Claim preempted by federal drug labeling laws.
ALEXIS DEGELMANN V. ADVANCED MEDICAL OPTICS INC.
Claim preempted by federal drug labeling laws.
ALEXIS DEGELMANN V. ADVANCED MEDICAL OPTICS INC.
Ninth Circuit -- APPLE INC. V. PSYSTAR CORPORATION
First sale defense not valid against violation of software license.
Deft had put plaintiff's OS on its machines & shipped a purchased, sealed copy of the OS with the machines.
Extensive disquisition on "copyright misuse."
APPLE INC. V. PSYSTAR CORPORATION
Deft had put plaintiff's OS on its machines & shipped a purchased, sealed copy of the OS with the machines.
Extensive disquisition on "copyright misuse."
APPLE INC. V. PSYSTAR CORPORATION
Seventh Circuit -- Lisa Graczyk v. West Publishing
Company's sale of driver's license information provides sufficient statutory standing under DPPA.
The sale was kosher - 12(b)(6) affirmed.
Lisa Graczyk v. West Publishing
The sale was kosher - 12(b)(6) affirmed.
Lisa Graczyk v. West Publishing
Sixth Circuit -- Olwen Moeller v. Garlock Sealing Technologies, LLC
Insufficient evidence that deft's asbestos gaskets were a substantial cause of plaintiff's mesothelioma.
Concurrence: Jury's rejection of strict liability for not warning inconsistent with negligence finding for not warning.
Dissent: IT'S ASBESTOS.
Olwen Moeller v. Garlock Sealing Technologies, LLC
Concurrence: Jury's rejection of strict liability for not warning inconsistent with negligence finding for not warning.
Dissent: IT'S ASBESTOS.
Olwen Moeller v. Garlock Sealing Technologies, LLC
Third Circuit -- USA v. Herman Friedman
No error in denial of Bribery deft's instruction on coercion, as the law was incorrectly stated.
No error in exclusion of tax official's testimony in support of deft, as it was a list of actual apartments in the building, not legal apartments in the building.
Exclusion of cross of CI as to past bribery was correct - cumulative.
Brady nondisclosure wasn't material.
Substantial procedural errors in sentence.
USA v. Herman Friedman
No error in exclusion of tax official's testimony in support of deft, as it was a list of actual apartments in the building, not legal apartments in the building.
Exclusion of cross of CI as to past bribery was correct - cumulative.
Brady nondisclosure wasn't material.
Substantial procedural errors in sentence.
USA v. Herman Friedman
Third Circuit -- Gregory Meditz v. City of Newark
Summary judgment inappropriate on Title VII disparate impact claim against a municipality where the statistical evidence establishes a disparity - regardless of congruency between hiring demographics and municipality's population.
Plaintiff argues that skewing hiring towards the population of the municipality creates disparate impact on Caucasian applicants.
Gregory Meditz v. City of Newark
Plaintiff argues that skewing hiring towards the population of the municipality creates disparate impact on Caucasian applicants.
Gregory Meditz v. City of Newark
Secind Circuit -- Prus v. Holder
New York promoting prostitution law not an aggravated felony for purposes of BIA deportation decisions.
Categorical analysis of statute.
Prus v. Holder
Categorical analysis of statute.
Prus v. Holder
Announcement
Three precedential opinions Monday from the Federal Circuit, and on the reasonable assumption that they're going to have something to do with patent law, they'll be mis-summarized with tomorrow's opinions.
(G-d willin' and the crick don't rise.)
(G-d willin' and the crick don't rise.)
Tenth Circuit
Yesterday, the Tenth listed the following opinions - no way of telling now which ones were precedential.
11-3072 Collins vs. Jordan
11-1132 Rocha vs. Zavaras
09-3282 Rural Water District No. 4, Do vs. City of Eudora, Kansas
11-1186 Lopez vs. Trani
(I include them mainly so that the search function below will incorporate them. Note as well the text on the bottom of the page about precedential vs. non.)
11-3072 Collins vs. Jordan 11-1132 Rocha vs. Zavaras 09-3282 Rural Water District No. 4, Do vs. City of Eudora, Kansas 11-1186 Lopez vs. Trani(I include them mainly so that the search function below will incorporate them. Note as well the text on the bottom of the page about precedential vs. non.)
Ninth Circuit AMERICAN TRUCKING ASSOCIATIONS V. THE CITY OF LOS ANGELES
Port trucking regs not preempted, as states can limit access to their facilities so long as it doesn't more broadly affect rates & schedules.
Market participant exception to preemption not limited to procurement.
Dissent: some aspects not related to the market participant exception.
AMERICAN TRUCKING ASSOCIATIONS V. THE CITY OF LOS ANGELES
Market participant exception to preemption not limited to procurement.
Dissent: some aspects not related to the market participant exception.
AMERICAN TRUCKING ASSOCIATIONS V. THE CITY OF LOS ANGELES
Ninth Circuit -- USA V. JEROME SYKES
Revision of sentence after amendment of guidelines is not a new sentencing for the purposes of requiring Apprendi establishment of minimums.
The minimum was latent in the original sentence.
(Sentence went from 121 mo to 120 mo)
USA V. JEROME SYKES
The minimum was latent in the original sentence.
(Sentence went from 121 mo to 120 mo)
USA V. JEROME SYKES
Ninth Circuit -- USA V. DONGFAN CHUNG
Sufficient evidence for espionage conviction.
No prejudice for Brady claim - the delay wasn't game-changing.
No Confrontation Clause error in not being able to cross gov't official who said the data were sensitive.
No error in introduciton of to-do list found in home.
Correct sentencing categories chosen.
USA V. DONGFAN CHUNG
No prejudice for Brady claim - the delay wasn't game-changing.
No Confrontation Clause error in not being able to cross gov't official who said the data were sensitive.
No error in introduciton of to-do list found in home.
Correct sentencing categories chosen.
USA V. DONGFAN CHUNG
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