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En Banc Cases

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Subject
136 Cases
Date
Case
Subject
Question(s) Presented
Date
January 28, 2011
Case Name
Slattery v. United States
Subject
Federal Deposit Insurance Corporation
Question(s) Presented
“We granted the petition in order to review the question of jurisdiction.”
Date
November 8, 2010
Case Name
Hyatt v. Kappos
Subject
Patent
Question(s) Presented
“This case presents the issue of what limitations exist on an applicant’s right to introduce new evidence in a § 145 civil action.”
Date
August 30, 2010
Case Name
Princo Corp. v. International Trade Commission
Subject
Patent
Question(s) Presented
“When a patentee offers to license a patent, does the patentee misuse that patent by inducing a third party not to license its separate, competitive technology?”
Date
March 22, 2010
Case Name
Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co.
Subject
Patent
Question(s) Presented
1. “[W]hether 35 U.S.C. § 112, paragraph 1, contains a written description requirement separate from an enablement requirement?” 2. “[I]f so, [what is] the scope and purpose of that requirement?”
Date
March 16, 2010
Case Name
Braza v. Office of Personnel Management
Subject
MSPB
Question(s) Presented
Whether failure to read the waiver form before signing it releases a spouse from binding effect of the waiver under controlling law.
Date
January 12, 2010
Case Name
Nebraska Public Power Dist. v. United States
Subject
Nuclear Waste
Question(s) Presented
“[W]hether prior decisions of the United States Court of Appeals for the District of Columbia Circuit interpreting DOE’s obligations under the NWPA were binding on the parties in the action...
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
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
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
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?