U.S. Court of Appeals for the Federal Circuit Cases ©     Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationCivil RightsCriminal JusticeEducationFinance & BankingGovernment BenefitsGovernment ContractsInsuranceIntellectual PropertyInternational LawLabor & EmploymentMilitary LawPension & Retirement BenefitsTaxation Marcia V. KNIGHT, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. , C.A.Fed., November 20, 2009 Petition for review of the Merit Systems Protection Board in PH531D090033-I-1. Marcia V. Knight, of Philadelphia, PA, pro se. Calvin M. Morrow, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, for respondent. With him on the brief was B. Chad Bungard, General Counsel. PER CURIAM. Marcia V. Knight ("Knight") appeals a final order of the Merit Systems Protection Board ("Board"). The Board dismissed petitioner's appeal from the denial of a wit... Dom WADHWA, Petitioner, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent. , C.A.Fed., November 19, 2009 Petition for review of the Merit Systems Protection Board in PH1221080019-W-1. Dom Wadhwa, of Moorestown, NJ, pro se. Matthew H. Solomson, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Reginald T. Blades, Jr., Assistant Director. PER CURIAM. Dr. Dom Wadhwa petitions for review of the final decision... Dom WADHWA, Petitioner, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent. , C.A.Fed., November 19, 2009 Appealed from Merit Systems Protection Board, No. PH1221080502-W-1. Dom Wadhwa, of Moorestown, New Jersey, pro se. Lauren A. Weeman, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With her on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Reginald T. Blades, Jr., Assistant Director. Judgment PER CURIAM. This CAUSE having been heard and considered, it is OR... IOVATE HEALTH SCIENCES, INC. and University of Florida Research Foundation, Inc., Plaintiffs-Appellants, v. BIO-ENGINEERED SUPPLEMENTS & NUTRITION, INC. (doing business as BSN, Inc.), Defendant-Appellee, and Medical Research Institute, Defendant-, C.A.Fed. (Tex.), November 19, 2009 Appeal from the United States District Court for the Eastern District of Texas in Case No. 9:07-CV-46, Judge Ron Clark. Charles A. Weiss, Kenyon & Kenyon LLP, of New York, NY, argued for plaintiffs-appellants. With him on the brief were Elizabeth A. Gardner and Cynthia Lambert Hardman. Philip D. Segrest, Jr., Husch Blackwell Sanders Welsh & Katz, of Chicago, IL, argued for defendant-appellee Bio-Engineered Supplements & Nutrition, Inc. With him on the brief was Joseph E. Cwik. Of counsel o... George E. KERSEY, Plaintiff-Appellant, v. COMMISSIONER OF PATENTS AND TRADEMARKS, Defendant-Appellee. , C.A.Fed. (Dist.Col.), November 18, 2009 Appeals from the United States District Court for the District of Columbia in case nos. 1:06-MC-416 and 1:07-MC-302, Judge Emmett G. Sullivan. George E. Kersey, of Framingham, MA, pro se. Alan Burch, Assistant United States Attorney, Civil Division, United States Attorney's Office, of Washington, DC, argued for defendant-appellee. On the brief were Jeffrey A. Taylor, United States Attorney, and R. Craig Lawrence and David C. Rybicki, Assistant United States Attorneys. PROST, Circuit J... ALABAMA AIRCRAFT INDUSTRIES, INC.--BIRMINGHAM, Plaintiff-Cross Appellant, v. UNITED STATES, Defendant-Appellant, and The Boeing Company, Defendant-Appellant. , C.A.Fed., November 17, 2009 Appeals from the United States Court of Federal Claims in 08-CV-470, Judge Charles F. Lettow. David R. Hazelton, Latham & Watkins LLP, of Washington, DC, argued for plaintiff-cross appellant. With him on the brief were Roger S. Goldman and Kyle R. Jefcoat. Douglas K. Mickle, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant United States. With him on the brief were Michael F. Hertz, D... AMERICAN RICE, INC., Appellant, v. DUNMORE PROPERTIES S.A., Appellee. , C.A.Fed., November 16, 2009 On appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Michael S. McCoy, Fulbright & Jaworski L.L.P., for appellant. Simon L. Moskowitz, Jacobson Holman PLLC, of Washington, DC, for appellee. With him on the brief was Matthew J. Cuccias. PER CURIAM. The Trademark Trial and Appeal Board (the "Board") of the United States Patent and Trademark Office (the "USPTO") denied Petitioner American Rice, Inc.'s ("ARI") motion for time to conduct discov... George A. BROWN, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. , C.A.Fed., November 13, 2009 Appeal from the United States Court of Federal Claims in 09-CV-254, Judge Charles F. Lettow. George A. Brown, Alamo, GA, pro se. William P. Rayel, Department of Justice, Washington, D.C., for Defendant- Appellee. ORDER ON MOTION LOURIE, Circuit Judge. George A. Brown moves for leave to proceed in forma pauperis. Brown is currently incarcerated. Pursuant to the Prison Litigation Reform Act (PLRA), a prisoner is barred from proceeding in forma pauperis if three or more prior ac... Triantafyllos TAFAS, Plaintiff-Appellee, v. SMITHKLINE BEECHAM CORPORATION (doing business as GlaxoSmithKline), Smithkline Beecham PLC, and Glaxo Group Limited (doing business as GlaxoSmithKline), Plaintiffs-Appellees, v. David J. Kappos, Under S, C.A.Fed. (Va.), November 13, 2009 Appeal from United States District Court for the Eastern District of Virginia in consolidated case nos. 1:07-CV-846 and 1:07-CV-1008, Senior Judge James C. Cacheris. ORDER MICHEL, Chief Judge. Plaintiffs-Appellees SmithKline Beecham Corp., SmithKline Beecham PLC, and Glaxo Group Limited (collectively "GlaxoSmithKline") and Defendants- Appellants David J. Kappos and the U.S. Patent and Trademark Office ("USPTO") (collectively "Kappos") have filed a joint motion for dismissal of the appeal an... Kenneth M. CARPENTER, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee. , C.A.Fed., November 13, 2009 Appealed from: United States Court of Appeals for Veterans Claims, Case No(s). 01-1882, William A. Moorman, Judge. Zachary M. Stolz, Chisholm, Chisholm & Kilpatrick, of Washington, DC, argued for claimant-appellant. Jane W. Vanneman, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Mart... Michele KELLER, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. , C.A.Fed., November 13, 2009 Appealed from Merit Systems Protection Board. No. CH3443080506-I-1. Martin S. Hume, Martin S. Hume Co., L.P.A., of Youngstown, Ohio, argued for petitioner. Sara B. Rearden, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, argued for respondent. With her on the brief were B. Chad Bungard, General Counsel and Keisha Dawn Bell, Deputy General Counsel. Judgment PER CURIAM. This CAUSE having been heard and considered, it is ORDERED and ADJUDGED... Myron L. SIPE, Petitioner, v. DEPARTMENT OF the NAVY, Respondent. , C.A.Fed., November 13, 2009 Appealed from Merit Systems Protection Board, No. SF1221060279-W-3. Myrrel C. Hendricks, Jr., Gebhardt & Associates, LLP, of Washington, DC, argued for petitioner. Elizabeth M. Hosford, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, Todd M. Hughes, Deputy Director, and Hillary A. Stern, Senior Tr... GERBER SCIENTIFIC INTERNATIONAL, INC., Plaintiff-Respondent, v. SATISLOH AG and Satisloh North America, Inc., Defendants-Petitioners. , C.A.Fed. (Conn.), November 12, 2009 On Petition for Permission to Appeal pursuant to 28 U.S.C. § 1292(b) from the United States District Court for the District of Connecticut in case no. 07-CV-1382, Chief Judge Peter C. Dorsey. ON MOTION ORDER Satisloh AG and Satisloh North America, Inc. move to withdraw their petition for permission to appeal. Upon consideration thereof, IT IS ORDERED THAT: (1) The motion is granted. (2) Each side shall bear its own costs. Kimberly DENSON, Petitioner, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent. , C.A.Fed., November 12, 2009 Appealed from Merit Systems Protection Board. No. AT0752080612-I-1. George C. Nicols, Attorney at Law, PLLC, of Jackson, Mississippi, argued for petitioner. Kenneth M. Dintzer, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. On the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, Franklin E. White, Jr., Assistant Director, and Scott A. MacGriff, Trial Attorney. Judg... BEYLEY CONSTRUCTION GROUP, CORP., Appellant, v. John McHUGH, Secretary of the Army, Appellee. , C.A.Fed., November 12, 2009 Appealed from Armed Services Board of Contract Appeals, No. 55692, Peter D. Ting, Administrative Judge. Mark B. Carter, Smith, Currie & Hancock LLP, of Atlanta, GA, argued for appellant. With him on the brief was George D. Wenick. Timothy P. McIlmail, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Bri... Karen McBRIEN, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. , C.A.Fed., November 10, 2009 Appeal from the United States Court of Federal Claims in 08-CV-840, James F. Merow, Senior Judge. Karen McBrien, Austin, TX, pro se. Lauren S. Moore, Department of Justice, Washington, DC, for Defendant- Appellee. ON MOTION ORDER PER CURIAM. The United States moves for summary affirmance of the judgment of the United States Court of Federal Claims which dismissed Karen McBrien's complaint for lack of jurisdiction. McBrien has not responded. McBrien filed a complaint seeking damag... Jay PETERSON, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. , C.A.Fed., November 10, 2009 Appeal from the United States Court of Federal Claims in 08-CV-406, Judge Lynn J. Bush. Jay Peterson, Provo, UT, pro se. Carl D. Wasserman, Department of Justice, Washington, DC, for Defendant- Appellee. ON MOTION ORDER PER CURIAM. The United States moves to dismiss for lack of jurisdiction Jay Peterson's appeal from the final judgment of the United States Court of Federal Claims. Peterson opposes. On July 2, 2009, Court of Federal Claims issued a decision dismissing Peterson's ... Sarah M. MITCHELL, Appellant, v. John E. POTTER, Postmaster General, Appellee. , C.A.Fed., November 10, 2009 Appeal from the United States Postal Service Board of Contract Appeals in case no. 6173. Scott Thomas Palmer, Department of Justice, Washington, DC, for Appellee. Paul W. Madgett, Omaha, NE, for Appellant. ON MOTION ORDER PER CURIAM. The Postmaster General moves to dismiss Sarah M. Mitchell's appeal as untimely filed. In a decision dated March 25, 2009, The United States Postal Service Board of Contract Appeals denied in part and dismissed in part Mitchell's claims related to a ... Samson J. HYPOLITE, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. , C.A.Fed., November 10, 2009 Appeal from the United States Court of Federal Claims in 08-CV-110, Judge Francis M. Allegra. ON MOTION ORDER PER CURIAM. The United States moves to waive the requirements of Fed. Cir. R. 27(f) and dismiss Samson J. Hypolite's appeal as untimely. Hypolite opposes. Hypolite seeks to appeal the United States Court of Federal Claims' order in Hypolite v. United States, case no. 08-110. The Court of Federal Claims entered judgment in that case on September 25, 2008. Hypolite did not file... Freddie E. McCOWAN, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee. , C.A.Fed., November 10, 2009 Appeal from the United States Court of Appeals for Veterans Claims in 07-1490, Judge Ronald M. Holdaway. Freddie E. McCowan, Fort Worth, TX, pro se. ON MOTION ORDER PER CURIAM. The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(f) and dismiss this appeal for lack of jurisdiction or, in the alternative, summarily affirm the judgment of the United States Court of Appeals for Veterans Claims in McCowan v. Shinseki, No. 09-7122. Freddie E. McCowan soug... James C. GILMOUR, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee. , C.A.Fed., November 10, 2009 Appealed from United States Court of Appeals for Veterans Claims, No. 07- 0086, Bruce E. Kasold, Judge. Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, KS, argued for claimant-appellant. Claudia Burke, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Martin F. Hockey, Jr., Assist... Stephen R. WEEKES, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, Respondent. , C.A.Fed., November 10, 2009 Petition for review of the Merit Systems Protection Board in NY0752080266-I-1. Stephen R. Weekes, of Brooklyn, NY, pro se. Jacob A. Schunk, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Bryant G. Snee, Deputy Director. PER CURIAM. Petitioner Stephen R. Weekes appeals a decision of the Merit Systems... Henry EKPERIGIN, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent. , C.A.Fed., November 10, 2009 Appealed from Merit Systems Protection Board, No. DC0432080286-I-1. Edward H. Passman, Passman & Kaplan, P.C., of Washington, DC, argued for petitioner. L. Misha Preheim, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director. Judgment PER CURIAM. This CAUSE having been ... SANOFI-AVENTIS, Sanofi-Synthelabo, Inc., And Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership, Plaintiffs-Appellees, v. COBALT PHARMACEUTICALS, INC., Defendant-Appellant. , C.A.Fed. (N.Y.), November 9, 2009 Appeal from the United States District Court for the Southern District of New York in case no. 05-CV-08055, Judge Sidney H. Stein. Evan R. Chesler, Richard J. Stark, David Noah Greenwald, Cravath Swaine & Moore LLP, Robert L. Baechtold, John D. Murnane, William E. Solander, Fitzpatrick, Cella, Harper & Scinto, New York, NY, for Plaintiffs- Appellees. William A. Rakoczy, Deanne M. Mazzochi, Rakoczy Molino Mazzochi Siwik, LLP, Chicago, IL, for Defendant-Appellant. ORDER MAYER, Circuit Judg... UNIVERSITY OF PITTSBURGH OF the COMMONWEALTH SYSTEM OF HIGHER EDUCATION (doing business as University of Pittsburgh), Plaintiff-Appellant, v. VARIAN MEDICAL SYSTEMS, INC., Defendant-Cross Appellant. , C.A.Fed. (Pa.), November 9, 2009 Appeals from the United States District Court for the Western District of Pennsylvania in case no. 08-CV-1307, Judge Arthur J. Schwab. ON MOTION ORDER RADER, Circuit Judge. The University of Pittsburgh of the Commonwealth System of Higher Education (Pitt) moves without opposition to vacate the December 17, 2008 final judgment entered by the United States District Court for the Western District of Pennsylvania, remand for further proceedings, and dismiss the cross-appeal. In April 2007,... Rohit PRAKASH, Appellant, v. MAX ROHR, INC., Appellee. , C.A.Fed., November 9, 2009 Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Rohit Prakash, Copley, OH, pro se. Charles W. Grimes, Edmund J. Ferdinand III, Grimes & Battersby, LLP, Norwalk, CT, for Appellee. ON MOTION ORDER PER CURIAM. Max Rohr, Inc. moves to dismiss Rohit Prakash's appeal. Prakash opposes. Max Rohr replies. Prakash appeals the Trademark Trial and Appeal Board's May 8, 2009 decision that, inter alia, denied his request for leave to amend his plead... Stephen W. GINGERY, Petitioner, v. DEPARTMENT OF the TREASURY, Respondent. , C.A.Fed., November 9, 2009 Petition for review of the Merit Systems Protection Board in CH3443080256-B-1. ORDER PER CURIAM. The court treats Stephen W. Gingery's correspondence concerning the timeliness of his petition for review as a motion for reconsideration of the court's previous rejection of his petition for review as untimely. On May 14, 2009, the Merit Systems Protection Board issued a final decision in Gingery v. Department of the Treasury, No. CH-3443-08-0256-B-1, specifying that its decision was final a... EASTMAN KODAK COMPANY, Plaintiff-Appellant, v. AGFA-GEVAERT N.V. and Agfa Corporation, Defendants-Cross Appellants. , C.A.Fed. (N.Y.), November 9, 2009 Appealed from United States District Court for the Western District of New York, No. 02-CV-6564, Michael A. Telesca, Senior Judge. Richard D. Rochford, Nixon Peabody LLP, of Rochester, NY, argued for plaintiff-appellant. With him on the brief was Michael F. Orman. H. Michael Hartmann, Leydig, Voit & Mayer, Ltd., of Chicago, IL, argued for defendants-cross appellants. With him on the brief were Jeffrey B. Burgan, David M. Airan, and L. Scott Beall. Judgment PER CURIAM. This CAUSE havin... Edwin FONG, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. , C.A.Fed., November 9, 2009 Petition for review of the Merit Systems Protection Board in SF0752080497-I-1. Edwin Fong, of Oakland, California, pro se. Joyce G. Friedman, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, for respondent. With her on the brief were B. Chad Bungard, General Counsel, Keisha Dawn Bell, Deputy General Counsel, and Sara B. Rearden, Reviewing Attorney. PER CURIAM. Edwin Fong appeals from a final decision of the Merit Systems Protection Board (B... Stephen E. WILLIAMS, Petitioner, v. SOCIAL SECURITY ADMINISTRATION, Respondent. , C.A.Fed., November 9, 2009 Petition for review of the Merit Systems Protection Board decision PH-0752-08- 0275-I-1. Phillip R. Kete, American Federation of Government Employees Local 1923, of Baltimore, MD, argued for petitioner. Jacob A. Schunk, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. On the brief were Michael F. Hertz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, Patricia M. McCarthy, Assistant ... Carlos A. RAMOS, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and Department of Homeland Security, Intervenor. , C.A.Fed., November 6, 2009 Appealed from Merit Systems Protection Board. Petition for review of the Merit Systems Protection Board decision, DA-0752- 08-0539-I-1. Carlos A. Ramos, of Brownsville, TX, pro se. Jeffrey A. Gauger, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, for respondent. With him on the brief were B. Chad Bungard, General Counsel, and Keisha Dawn Bell, Deputy General Counsel. Stacey K. Grigsby, Trial Attorney, Commercial Litigation Branch, Civil Di... In re 1800MATTRESS.COM IP, LLC (substituted for Dial-A-Mattress Operating Corporation). , C.A.Fed., November 6, 2009 Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Francis J. Duffin, Wiggin and Dana LLP, of New Haven, CT, for appellant. Raymond T. Chen, Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, VA, for the Director of the United States Patent and Trademark Office. With him on the brief were Christina J. Hieber and Janet A. Gongola, Associate Solicitors. LOURIE, Circuit Judge. 1800Mattress.com IP, LLC ... SHANGHAI ESWELL ENTERPRISE CO., LTD., Jinfu Trading Co., Ltd., and Zhejiang Native Produce & Animal by-Products Import & Export Group Corp., Plaintiffs- Appellants, v. UNITED STATES, Defendant-Appellee, and The American Honey Producers Associati, C.A.Fed., November 5, 2009 Appealed from United States Court of International Trade, No. 05-00439, Richard K. Eaton, Judge. Ned H. Marshak, Grunfeld Desiderio Lebowitz Silverman & Klestadt, LLP, of New York, New York, argued for plaintiffs-appellants. With him on the brief was Bruce M. Mitchell. Of counsel were Adam M. Dambrov, and Mark E. Pardo, of Washington, DC. Stephen C. Tosini, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defe... Ronald E. PINTHER, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee. , C.A.Fed., November 5, 2009 Appealed from United States Court of Appeals for Veterans Claims, No. 07- 0346, William P. Greene, Jr., Chief Judge. Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, KS, argued for claimant-appellant. Meredyth Cohen Havasy, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Kirk T. Manhar... BANNUM, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Dismas Charities, Inc., Defendant-Appellee. , C.A.Fed., November 5, 2009 On Appeal from the United States Court of Federal Claims, No. 09-CV-015, John P. Wiese, Senior Judge. Michael A. Gordon, Michael A. Gordon PLLC, of Washington, DC, argued for plaintiff-appellant. Delisa M. Sanchez, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States. With her on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Deborah A. Bynu... Guadalupe M. VASQUEZ, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. , C.A.Fed., November 5, 2009 Petition for review of the Merit Systems Protection Board in DA0831080521-I-1. Guadalupe M. Vasquez, of San Antonio, TX, pro se. Sara B. Rearden, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, for respondent. With her on the brief were B. Chad Bungard, General Counsel, and Keisha Dawn Bell, Deputy General Counsel. PER CURIAM. Guadalupe M. Vasquez ("Vasquez") appeals the final decision of the Merit Systems Protection Board ("Board"), dismi... Linda A. WILLIAMS, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and Department of the Army, Intervenor. , C.A.Fed., November 5, 2009 Petition for review of the Merit Systems Protection Board in PH 0752080427-I- 1. Linda A. Williams, of Smyrna, DE, pro se. Calvin M. Morrow, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, for respondent. With him on the brief were B. Chad Bungard, General Counsel, and Keisha Dawn Bell, Deputy General Counsel. Elizabeth A. Speck, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, D... Louis J. DE MAIO, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent. , C.A.Fed., November 5, 2009 Petition for review of the Merit Systems Protection Board in PH-0831-06-0036- I-1. Louis J. De Maio, of Bel Air, Maryland, pro se. Michael J. Dierberg, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, D.C., for respondent. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Mark A. Melnick, Assistant Director. PER CURIAM. The Merit Systems Protection Board ("MSPB" or "Boa... In re Richard E. WHITTAKER. , C.A.Fed., November 5, 2009 On Appeal from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences, No(s). 11/249,671. Thomas C. Wettach, Cohen & Grigsby, P.C., of Pittsburgh, PA, argued for appellant. With him on the brief were Christine W. Trebilcock and Alicia M. Passerin. Janet A. Gongola, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, VI, argued for the Director of the United States Patent and Trademark Office. With her on ... The COLD WAR MUSEUM, INC., Appellant, v. COLD WAR AIR MUSEUM, INC., Appellee. , C.A.Fed., November 5, 2009 A. Neal Seth, Baker & Hostetler LLP, of Washington, DC, argued for appellant. With him on the brief was Mark H. Tidman. W. Thomas Timmons, of Dallas, TX, argued for appellee. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. MOORE, Circuit Judge. The Cold War Museum appeals a decision of the Trademark Trial and Appeal Board ("Board"). The Board cancelled registration of the Cold War Museum's service mark THE COLD WAR MUSEUM, finding that th... Mark C.JACKSON, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee. , C.A.Fed., November 4, 2009 Appeal from the United States Court of Appeals for Veterans Claims in 07-817. William P. Rayel, Department of Justice, Michael J. Timinski, Amanda R. Blackmon, Department of Veterans Affairs, Washington, DC, for Respondent- Appellee. Mark C. Jackson, Starke, FL, for Claimant-Appellant. ON MOTION ORDER Upon consideration of Mark C. Jackson's motion to withdraw his appeal, IT IS ORDERED THAT: (1) The motion is granted and the appeal is dismissed. (2) Each side shall bear its own... In re Michael I. RACKMAN. , C.A.Fed., November 4, 2009 On Appeal from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences, No. 90/007, 353. Michael I. Rackman, Gottlieb, Rackman & Reisman, P.C., of New York, NY, argued for appellant. Sydney O. Johnson, Jr., Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, VA, for the Director of the United States Patent and Trademark Office. With him on the brief were Raymond T. Chen, Solicitor, and Thomas L. Stoll, Asso... Ernest L. BELL, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee. , C.A.Fed., November 4, 2009 Appeal from the United States Court of Appeals for Veterans Claims in 07-1398, Chief Judge William P. Greene, Jr. Ernest L. Bell, of Lake Charles, Louisiana, pro se. Scott A. MacGriff, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent-appellee. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Brian M. Simkin, Assistant Director. Of counsel on the brief were Mic... Roy C. TALLEY, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee. , C.A.Fed., November 4, 2009 Appeal from the United States Court of Appeals for Veterans Claims in 06-3478, Chief Judge William P. Greene, Jr. Roy C. Talley, of Wasco, Oregon, pro se. William P. Rayel, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent-appellee. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Brian M. Simkin, Assistant Director. Of counsel on the brief were Michael J. Timi... Ann THOMAS, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. , C.A.Fed., November 4, 2009 Appeal from the United States Court of Federal Claims in 07-CV-212, Judge Lynn J. Bush. Ann Thomas, of Atlanta, Georgia, pro se. Carrie A. Dunsmore, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for defendant-appellee. With her on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Steven J. Gillingham, Assistant Director. PER CURIAM. Ann Thomas appeals the judgment of the Un... Jerry W. DOUGLAS, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee. , C.A.Fed., November 4, 2009 Appealed from United States Court of Appeals for Veterans Claims, No. 06- 0482; William P. Greene, Jr., Chief Judge. Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas argued for claimant-appellant. Hillary A. Stern, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Brian M. Simkin,... Yolanda C. GIBSON-MICHAELS, Petitioner, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Respondent. , C.A.Fed., November 4, 2009 Petition for review of the Merit Systems Protection Board in DC1221080698-W-1. Yolanda C. Gibson-Michaels, of Temple Hills, MD, pro se. Gregg M. Schwind, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Brian M. Simkin, Assistant Director. PER CURIAM. Yolanda C. Gibson-Michaels ("Gibson-Michaels") app... GLEASON INDUSTRIAL PRODUCTS, INC. and Precision Products, Inc., Plaintiffs- Appellees, v. CENTRAL PURCHASING, LLC, Defendant-Appellant, v. United States, Defendant-Appellee. , C.A.Fed., November 4, 2009 Appealed from United States Court of International Trade, No. 06-00089, Richard W. Goldberg, Senior Judge. Matthew P. Jaffe, Crowell & Moring LLP, of Washington, DC, argued for plaintiffs-appellees. William C. Sjoberg, Adduci, Mastriani & Schaumberg, L.L.P., of Washington, DC, argued for defendant-appellant. With him on the brief was Louis S. Mastriani. Patryk J. Drescher, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, ... TEKNOWLEDGE CORPORATION, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. , C.A.Fed., November 3, 2009 Appeal from the United States Court of Federal Claims in Case No. 06-CV- 310, Judge Thomas C. Wheeler. Benedict O'Mahoney, Teknowledge Corporation, of Palo Alto, CA, for plaintiff-appellant. David M. Hibey, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for defendant-appellee. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Assistant Director. LOURI... IMATION CORP., Plaintiff-Appellant, v. KONINKLIJKE PHILIPS ELECTRONICS N.V., U.S. Philips Corporation, and Philips Electronics North America Corporation, Defendants/Third-Party Plaintiffs- Appellees, v. Moser Baer India Limited, Third-Party Defe, C.A.Fed. (Minn.), November 3, 2009 Holdings: The Court of Appeals, Amy J. St. Eve, District Judge, sitting by designation, held that: (1) agreement effected a single, present grant of licenses to the licensee and its subsidiaries rather than a grant of multiple licenses over time, and (2) term "subsidiaries" in the agreement included companies that were formed after the agreement's expiration date. Reversed and remanded. Ronald J. Schutz, Robins, Kaplan, Miller & Ciresi L.L.P., of Minneapolis, MN, argued for plaintiff... Helen BARELA, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee. , C.A.Fed., November 3, 2009 Holding: The Court of Appeals, Prost, Circuit Judge, held that the statute providing for an increase DIC when a deceased veteran was in receipt of or was entitled to receive compensation for a service-connected disability that was rated totally disabling for a period of at least eight years immediately preceding death did not provide an independent basis for entitlement to DIC benefits, but instead only provided an enhanced rate of compensation for those who already qualified for DIC benefits un... Eartha P. JOHNSON, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent. , C.A.Fed., November 2, 2009 Petition for review of the Merit Systems Protection Board in DC844E080501-I-1. Eartha P. Johnson, Riverdale, MD, pro se. Richard P. Schroeder, Department of Justice, Washington, DC, for Respondent. ON MOTION ORDER PER CURIAM. Upon consideration of Eartha P. Johnson's motion for reconsideration of the court's order dismissing her petition for review as untimely, IT IS ORDERED THAT: The motion is denied. TIGER TEAM TECHNOLOGIES, INC. (formerly known as Blackwater Tech, Inc.), Plaintiff-Appellant, v. SYNESI GROUP, INC. (formerly known as Portogo, Inc.), Defendant-Appellee. , C.A.Fed. (Minn.), November 2, 2009 Appeal from the United States District Court for the District of Minnesota in case no. 06-CV-01273, Judge Ann D. Montgomery. Robert Zeglovitch, St. Paul, MN, for Defendant-Appellee. Boris Parker, Minneapolis, MN, for Plaintiff-Appellant. ON MOTION ORDER RADER, Circuit Judge. Tiger Team Technologies, Inc. moves without opposition to transfer this appeal to the United States Court of Appeals for the Eighth Circuit. In its initial complaint, Tiger Team sought declaratory judgment th... MARRIOTT INTERNATIONAL RESORTS, L.P., and Marriott International JBS Corporation, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee. , C.A.Fed., October 28, 2009 Appeal from the United States Court of Appeals of Federal Claims in consolidated case nos. 01-CV-256 and 01-CV-257, Judge Charles F. Lettow. Robert L. Willmore, Crowell & Moring LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Harold J. Heltzer and Alex E. Sadler. Joan I. Oppenheimer, Attorney, Appellate Section, Tax Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were John A. DiCicco... PCL CONSTRUCTION SERVICES, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. , C.A.Fed., October 27, 2009 Appeal from the United States Court of Federal Claims, in 06-CV-144, Marian Blank Horn, Judge. ON MOTION ORDER Upon consideration of the parties' joint motion to voluntarily dismiss this appeal due to settlement, IT IS ORDERED THAT: (1) The motion is granted. (2) All other pending motions are moot (3) Each side shall bear its own costs. SPANSION, INC. and Spansion, LLC, Appellants, and Freescale Semiconductor, Inc., Appellant, and ATI Technologies, ULC, Appellant, and Stmicroelectronics N.V., Appellant, and Qualcomm Incorporated, Appellant, v. INTERNATIONAL TRADE COMMISSIO, C.A.Fed., October 23, 2009 On appeal from the United States International Trade Commission in Investigation No. 337-TA-605. Michael J. Bettinger, Stephen M. Everett, Elaine Y. Chow, K & L Gates LLP, San Francisco, CA, for Appellants, ATI Technologies, ULC. Kenneth R. Adamo, Jones Day, Dallas, TX, Blaney Harper, Lawrence D. Rosenberg, Jones Day, Washington, DC, Susan M. Gerber, Jones Day, Cleveland, OH, for Appellants, Freescale Semiconductor, Inc. Stephen B. Kinnaird, Paul, Hastings, Janofsky & Walker, Juliana M. Co... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com