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En Banc Cases

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Date Range
Subject
30 Cases
Date
Case
Subject
Question(s) Presented
Date
May 26, 1999
Case Name
American Tel. & Tel. Co. v. United States
Subject
Gov. Contract
Question(s) Presented
1. “[W]hether a contract executed in violation of statutory restrictions on the obligation and expenditure of appropriated funds may be declared void from the start at the instance of the...
Date
May 5, 1999
Case Name
Midwest Indus., Inc. v. Karavan Trailers, Inc.
Subject
Trademark
Question(s) Presented
“[W]hether the district court’s summary judgment on the nonpatent counts of Midwest’s complaint is inconsistent with the applicable principles of law as we see them.”
Date
November 9, 1998
Case Name
Bailey v. West
Subject
Veterans
Question(s) Presented
“[W]hether the 120 day time limit set forth in 38 U.S.C. § 7266(a) (1994) is subject to the doctrine of equitable tolling.”
Date
May 4, 1998
Case Name
In re Zurko
Subject
Patent
Question(s) Presented
“Should this court review Patent and Trademark Office fact-findings under the Administrative Procedure Act standard of review instead of the presently applied ‘clearly erroneous’ standard?”
Date
March 25, 1998
Case Name
Cybor Corp. v. FAS Technologies, Inc.
Subject
Patent
Question(s) Presented
Is claim construction a matter of pure law that allows for de novo appellate review?
Date
March 20, 1998
Case Name
Nobelpharma Ab v. Implant Innovations
Subject
Patent
Question(s) Presented
“Whether conduct in the prosecution of a patent is sufficient to strip a patentee of its immunity from the antitrust laws. . . .”
Date
June 12, 1997
Case Name
Hilton Davis Chemical Co. v. Warner-Jenkinson Co.
Subject
Patent
Question(s) Presented
On remand from the Supreme Court: what are the requirements (1) for prosecution history estoppel, and (2) the preservation of meaning for each element in a claim?
Date
November 5, 1996
Case Name
Preseault v. United States
Subject
Tucker Act
Question(s) Presented
“In brief, the issue in this case is whether the conversion, under the authority of the Rails-to-Trails Act and by order of the Interstate Commerce Commission, of a long unused...
Date
March 20, 1996
Case Name
In re Violation of Rule 50
Subject
Rule 50
Question(s) Presented
What sanctions, if any, should be imposed for a violation of Rule 50 in the absence of harm or prejudice to the opposing party?
Date
August 30, 1995
Case Name
Winstar Corp. v. United States
Subject
Gov. Contract
Question(s) Presented
Was an enforceable contract between thrifts and the government formed which allowed for the inclusion of intangible assets to count as capital assets for a certain period of time?
Date
August 8, 1995
Case Name
Hilton Davis Chemical Co. v. Warner-Jenkinson Co.
Subject
Patent
Question(s) Presented
1. “Does a finding of infringement under the doctrine of equivalents require anything in addition to proof of the facts that there are the same or substantially the same (a)...
Date
July 26, 1995
Case Name
Reflectone, Inc. v. Dalton
Subject
Military
Question(s) Presented
“Did Dawco Constr., Inc. v. United States, 930 F.2d 872 (Fed. Cir. 1991), properly conclude that a Contract Disputes Act (CDA) ‘claim’ as defined in FAR 33.201 requires a pre-existing...
Date
July 25, 1995
Case Name
In re Trovato
Subject
Patent
Question(s) Presented
“Trovato challenges the Board’s affirmance of the rejection of Trovato’s patent claims for lack of statutory subject matter under 35 U.S.C. § 101.”
Date
June 15, 1995
Case Name
Rite-Hite Corp. v. Kelley Co., Inc.
Subject
Patent
Question(s) Presented
“[O]nce infringement of a valid patent is found, what compensable injuries result from that infringement[?]”
Date
April 5, 1995
Case Name
Markman v. Westview Instruments, Inc.
Subject
Patent
Question(s) Presented
“[W]hether the district court acted properly by construing the term ‘inventory’ as a matter of law notwithstanding a contrary construction given the term by . . . witnesses and by...
Date
January 6, 1995
Case Name
Texas American Oil Corp. v. U.S. Dept. of Energy
Subject
Bankruptcy
Question(s) Presented
1. Does Temporary Emergency Court of Appeals (“TECA”) precedent apply to questions of jurisdiction? 2. Was the transfer of this appeal in accord with TECA precedent? 3. What is the bankruptcy classification...
Date
July 29, 1994
Case Name
In re Alappat
Subject
Patent
Question(s) Presented
1. “When a three-member panel of the Board has rendered its decision, does the Commissioner have the authority to constitute a new panel for purposes of reconsideration?” 2. “If the Commissioner...
Date
May 26, 1994
Case Name
Wilner v. United States
Subject
Gov. Contract
Question(s) Presented
“First, we must determine the method by which the Claims Court decided the case. Then, we must determine whether, as a matter of law, that method of decision was proper...
Date
May 24, 1994
Case Name
Loveladies Harbor, Inc. v. United States
Subject
Jurisdiction
Question(s) Presented
“The issue . . . is whether § 1500 denies jurisdiction to the Court of Federal Claims if, at the time a complaint for money damages is filed, there is...
Date
February 14, 1994
Case Name
In re Donaldson Co.
Subject
Patent
Question(s) Presented
Is the structure of the Swift device under claim 1 obvious in a manner sufficient to sustain the claim?