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En Banc Cases

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Subject
137 Cases
Date
Case
Subject
Question(s) Presented
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?
Date
December 28, 1992
Case Name
Lariscey v. United States
Subject
Patent
Question(s) Presented
Whether the Claims Court erred in granting summary judgment against the plaintiff, who alleged he made an invention that the government used without his authorization, thus entitling him to compensation...
Date
June 10, 1992
Case Name
Mendoza v. Merit Systems Protection Bd.
Subject
Employment
Question(s) Presented
“[W]hether the Board abused its discretion in dismissing Ms. Mendoza’s case by reason of untimely filing.”
Date
April 23, 1992
Case Name
UNR Industries, Inc. v. United States
Subject
Asbestos
Question(s) Presented
“The Claims Court’s jurisdiction over this suit is at issue today.”
Date
March 31, 1992
Case Name
A.C. Aukerman Co. v. R.L. Chaides Const. Co.
Subject
Patent
Question(s) Presented
“The court has taken this case in banc to clarify and apply principles of laches and equitable estoppel which have been raised as defenses in this patent infringement suit.”
Date
April 30, 1991
Case Name
Cruz v. Department of Navy
Subject
Employment
Question(s) Presented
“Whether the Board lacked jurisdiction over Cruz’ appeal.”
Date
November 9, 1990
Case Name
In re Dillon
Subject
Patent
Question(s) Presented
“The issue before this court is whether the Board erred in rejecting as obvious under 35 U.S.C. §103 claims to Dillon’s new compositions and to the new method of reducing...