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Price Of Popularity: The Court Of Appeals For The Federal Circuit 2007, Jay S. Plager Jan 2007

Price Of Popularity: The Court Of Appeals For The Federal Circuit 2007, Jay S. Plager

American University Law Review

This year marked the twenty-fifth anniversary of the establishment of the Court of Appeals for the Federal Circuit. The anniversary was acknowledged with appropriate ceremony, including an en banc session of the court on April 2 attended by various luminaries in the judicial and political branches of the United States. The somewhat tongue-in-cheek title of this essay is intended to suggest an important idea about the court today: with increased visibility, significance, and impact have come consequences, some desirable, some not. This essay undertook a brief review of how the court got where it is, and a look at what …


Survey Of The Federal Circuit's Patent Law Decisions In 2006: A New Chapter In The Ongoing Dialogue With The Supreme Court, Gregory A. Castanias, Lawrence D. Rosenberg, Michael S. Fried, Todd R. Geremia Jan 2007

Survey Of The Federal Circuit's Patent Law Decisions In 2006: A New Chapter In The Ongoing Dialogue With The Supreme Court, Gregory A. Castanias, Lawrence D. Rosenberg, Michael S. Fried, Todd R. Geremia

American University Law Review

In 2006, the Federal Circuit decided only one portion of one patent case en banc, and that was done mainly as a procedural matter (the entire case was not argued to an en banc court) in order to reconcile prior conflicting precedent on the issue of induced patent infringement with the recent Supreme Court decision in Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., involving induced copyright infringement. But in light of the Supreme Court’s much more muscular review of the Federal Circuit’s patent cases—which may not even reflect the full extent of the Court’s interest in the Federal Circuit’s patent decisions—the …


2006 Government Contract Decisions Of The Federal Circuit, David W. Burgett, William F. Ferreira, Allison D. Pugsley, Deborah A. Raviv Jan 2007

2006 Government Contract Decisions Of The Federal Circuit, David W. Burgett, William F. Ferreira, Allison D. Pugsley, Deborah A. Raviv

American University Law Review

In 2006, the Federal Circuit issued over two hundred and fifty precedential opinions and orders. This article discusses sixteen precedent-setting opinions involving government contract law issues, setting forth the relevant facts, the Federal Circuit’s analysis, and key points for practitioners to glean from each case. This article also includes a discussion of the Federal Circuit’s September 2006 opinion regarding the TRICARE Pharmacy Benefits Program (“TPBP”) refund program, a case that the pharmaceutical industry watched closely. The decisions have been grouped into the following categories: jurisdiction, contract interpretation, costs, contract termination, bid protests, and patent rights.


The Trademark Jurisprudence Of Judge Rich, Jeffrey M. Samuels, Linda B. Samuels Jan 2007

The Trademark Jurisprudence Of Judge Rich, Jeffrey M. Samuels, Linda B. Samuels

American University Law Review

For nearly forty-three years, Giles Sutherland Rich served as a member of the U.S. Court of Customs and Patent Appeals (C.C.P.A.) and its successor court, the U.S. Court of Appeals for the Federal Circuit. Judge Rich is widely regarded as one of the most influential jurists in the area of patent law—and rightfully so. Less well known is that Judge Rich also authored many significant decisions in the area of trademark law. Judge Rich’s opinions in the area of trademarks span the spectrum of trademark registrability issues and explore important issues of public policy. This Article reviews a number of …


El Desarrollo Del Arbitraje Comercial Internacional: Sofisticacion O Complejdad, Horacio A. Grigera Naón Jan 2007

El Desarrollo Del Arbitraje Comercial Internacional: Sofisticacion O Complejdad, Horacio A. Grigera Naón

Articles in Law Reviews & Other Academic Journals

No abstract provided.


International Trade Decisions Of The Federal Circuit: 2006 Cases And Highlights Of 2003-2005, Alexandra E.P. Baj Jan 2007

International Trade Decisions Of The Federal Circuit: 2006 Cases And Highlights Of 2003-2005, Alexandra E.P. Baj

American University Law Review

Over the past four years, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) has, as it has done since its establishment in 1982, exercised its jurisdiction under 28 U.S.C. § 1295(a)(5) to review decisions of the United States Court of International Trade (“CIT”) regarding U.S. regulation of international trade. While trade cases currently make up only about six percent of the docket of the Federal Circuit, decisions in these cases can have a significant discernable impact on the day-to-day investigation and regulation of trade matters of the three U.S. agencies featured most prominently in the trade …


Inter-American System, Claudia Martin Jan 2007

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The State Secrets Privilege And Separation Of Powers, Amanda Frost Jan 2007

The State Secrets Privilege And Separation Of Powers, Amanda Frost

Articles in Law Reviews & Other Academic Journals

Since September 11, 2001, the Bush administration has repeatedly invoked the state secrets privilege in cases challenging executive conduct in the war on terror, arguing that the very subject matter of these cases must be kept secret to protect national security. The executive's recent assertion of the privilege is unusual, in that it is seeking dismissal, pre-discovery, of all challenges to the legality of specific executive branch programs, rather than asking for limits on discovery in individual cases. This essay contends that the executive's assertion of the privilege is therefore akin to a claim that the courts lack jurisdiction to …


Review Of The 2006 Trademark Decisions Of The Federal Circuit, Christine Haight Farley, Geri L. Haight Jan 2007

Review Of The 2006 Trademark Decisions Of The Federal Circuit, Christine Haight Farley, Geri L. Haight

American University Law Review

The United States Court of Appeals for the Federal Circuit (“Federal Circuit”) delivered only seven precedential trademark opinions in 2006. This small proportion of trademark cases is consistent with the court’s docket in recent years. This year, the court addressed a range of interesting substantive issues including trade dress configuration, reverse passing off, and genericism. Notably, two of the seven precedential decisions involved plant names protected by the Plant Variety Protection Act. The Federal Circuit decided only one case in 2006 where the primary issue was procedural, rather than substantive. In that case, discussed below, the Federal Circuit sided with …