This morning the Federal Circuit released a nonprecedential opinion in a case appealed from the Northern District of California, vacating part of a preliminary injunction and remanding the case. The Federal Circuit also released a nonprecedential order in a case appealed from the Armed Services Board of Contract Appeals, granting an unopposed motion to voluntarily dismiss a cross-appeal. Here is the introduction to the opinion and text from the order.

Carl Zeiss Meditec, Inc. v. Topcon Medical Systems, Inc. (Nonprecedential)

In this interlocutory appeal, Topcon Medical Systems, Inc. (“Topcon”) seeks vacatur of a preliminary injunction granted by the United States District Court for the Northern District of California in a case involving the alleged misappropriation of trade secrets of Carl Zeiss Meditec, Inc. (“CZMI”). Topcon asserts that paragraph 2 of the injunction fails to satisfy Federal Rule of Civil Procedure 65(d) because it does not provide sufficient specificity of what it prohibits. Because paragraph 2 is ambiguous as to whether and to what extent it enjoins the continued use of Topcon’s Harmony platform and DICOM decoder, we vacate that part of the preliminary injunction and remand to the district court for clarification of the scope of the conduct intended to be prohibited.

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Nauset Construction Corp. v. Secretary of the Army (Nonprecedential Order)

Upon consideration of the Secretary of the Army’s unopposed motion to voluntarily dismiss her cross-appeal, Appeal No. 2021-2308, under Rule 42(b) of the Federal Rules of Appellate Procedure,


(1) The motion is granted to the extent that Appeal No. 2021-2308 is dismissed. The revised official captions are reflected above.

(2) Each party shall bear its own costs as to Appeal No. 2021-2308.

(3) The Clerk of Court shall forward a copy of this order to the merits panel assigned to this case.