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En Banc Cases

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Subject
27 Cases
Date
Case
Subject
Question(s) Presented
Date
December 17, 2009
Case Name
Henderson v. Shinseki
Subject
Veterans
Question(s) Presented
“Does the Supreme Court’s decision in Bowles v. Russell, 551 U.S. 205, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007), require or suggest that this court should overrule its decisions in...
Date
November 13, 2009
Case Name
Tafas v. Kappos
Subject
Patent
Question(s) Presented
“Kappos and the U.S. Patent and Trademark Office (‘USPTO’) (collectively ‘Kappos’) have filed a joint motion for dismissal of the appeal and to vacate the judgment of the district court below.”
Date
August 19, 2009
Case Name
Cardiac Pacemakers, Inc. v. St. Jude Medical, Inc.
Subject
Patent
Question(s) Presented
Does 35 U.S.C. § 271(f) apply to method patents?
Date
May 18, 2009
Case Name
Abbott Laboratories v. Sandoz, Inc.
Subject
Patent
Question(s) Presented
Did the Eastern District of Virginia and Northern District of Illinois correctly construe and appropriately apply their discretion when reviewing patent claims related to cefdinir?
Date
October 30, 2008
Case Name
In re Bilski
Subject
Patent
Question(s) Presented
Does Applicants’ claim—“a method of hedging risk in the field of commodities trading”—meet the eligibility requirement set forth in 35 U.S.C. § 101?
Date
September 22, 2008
Case Name
Egyptian Goddess, Inc. v. Swisa, Inc.
Subject
Patent
Question(s) Presented
What is “the appropriate legal standard to be used in assessing claims of design patent infringement[?]”
Date
August 20, 2007
Case Name
In re Seagate Technology, LLC
Subject
Patent
Question(s) Presented
“[W]e take this opportunity to revisit our [willful infringement] doctrine and to address whether waiver resulting from advice of counsel and work product defenses extend to trial counsel.”
Date
March 7, 2007
Case Name
Kirkendall v. Department of Army
Subject
Employment
Question(s) Presented
1. “Is the 15-day period for filing appeals to the Merit Systems Protection Board set forth in 5 U.S.C. § 3330a(d)(1)(B) subject to equitable tolling?” 2. “Is the 60-day period for...
Date
December 13, 2006
Case Name
DSU Medical Corp. v. JMS Co., Ltd.
Subject
Patent
Question(s) Presented
What is “the required intent . . . to induce the specific acts of [infringement] or additionally to cause an infringement[?]”
Date
February 10, 2006
Case Name
Motions Systems Corp. v. Bush
Subject
Trade
Question(s) Presented
“Can Motion Systems challenge the President’s discretionary actions under 19 U.S.C. § 2451 as outside the scope of authority delegated to him by Congress?”
Date
February 10, 2006
Case Name
Garcia v. Department of Homeland Security
Subject
MSPB
Question(s) Presented
“We sua sponte decided to hear Ms. Garcia’s case en banc in order to resolve issues concerning the appropriate test for Board jurisdiction under the relevant statutes and regulation.”
Date
July 12, 2005
Case Name
Phillips v. AWH Corp.
Subject
Patent
Question(s) Presented
“The principal question that this case presents to us is the extent to which we should resort to and rely on a patent’s specification in seeking to ascertain the proper...
Date
March 9, 2005
Case Name
Fisher v. United States
Subject
Tucker Act
Question(s) Presented
“First, what must a plaintiff establish regarding the existence of a money-mandating law source in order for the Court of Federal Claims to have subject matter jurisdiction over the case...
Date
September 13, 2004
Case Name
Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmbH v. Dana Corp.
Subject
Patent
Question(s) Presented
Does withholding the opinion of counsel and/or failing to obtain an opinion of counsel permit an adverse inference to be drawn concerning willful infringement?
Date
June 2, 2004
Case Name
Honeywell Int'l Inc. v. Hamilton Sundstrand Corp.
Subject
Patent
Question(s) Presented
Does rewriting dependent claims into independent form, coupled with the cancellation of the original independent claims, create a presumption of prosecution history estoppel?
Date
September 26, 2003
Case Name
Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co.
Subject
Patent
Question(s) Presented
“The sole issue specifically before us is whether Festo can rebut the presumption that the filing of narrowing amendments for the two patents in suit surrendered all subject matter between...
Date
June 17, 2003
Case Name
Martinez v. United States
Subject
Military
Question(s) Presented
“[W]hether to overrule our decision in Hurick v. Lehman . . . regarding the calculation of the limitations period for military discharge cases brought in the Court of Federal Claims.”
Date
March 24, 2003
Case Name
Coast Federal Bank, FSB v. United States
Subject
Financial
Question(s) Presented
“[W]hether the Court of Federal Claims correctly granted partial summary judgment for the government on the issue of damages by interpreting the Agreement to require amortization of goodwill in accordance...
Date
December 20, 2002
Case Name
Cook v. Principi
Subject
Veterans
Question(s) Presented
1. “Whether this court’s decision in Hayre should be overruled insofar as that case holds that the existence of ‘grave procedural error’ renders a decision of the Veterans’ Administration non-final?” 2....
Date
November 18, 2002
Case Name
Schism v. United States
Subject
Military
Question(s) Presented
Whether effectively forcing veterans to purchase Medicare Part B insurance is a violation of the government’s oral promise, made in and around World War II, via military recruiters, to provide free...