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Court of Federal Claims Takings Clause

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: January 2025

WilmerHale on

This month’s cases involve a cert petition to the U.S. Supreme Court on the extraterritorial application of the federal Defend Trade Secrets Act, a matter of first impression before the Court of Federal Claims, and a reminder...more

Axinn, Veltrop & Harkrider LLP

Opening Another Front in the Brand/Generic Battle?

Although it's not often that I read a decision by the U.S. Court of Federal Claims, it appears that Vanda may be opening a new front in the brand/generic battle by surviving a motion to dismiss in a case it brought under the...more

McDermott Will & Emery

Neither AIA Proceeding nor Government Infringement Constitute Fifth Amendment Taking

The US Court of Appeals for the Federal Circuit upheld a US Court of Federal Claims dismissal, rejecting arguments that patent infringement is a taking under the Fifth Amendment. Golden v. United States, Case No. 19-2134...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Takings/Mineral Rights Lessee: Court of Federal Claims Addresses U.S. Environmental Protection Agency Withdrawal of 404 Permit

The Court of Federal Claims addressed in a May 29th opinion a Fifth Amendment Takings Claim associated with the United States Environmental Protection Agency’s withdrawal of a Clean Water Act 404 permit that had been issued...more

Jackson Walker

Are Patents Property?

Jackson Walker on

Most people think of “intellectual property” as a type of property. This makes sense because, well, “property” is in the name. However, as lawyers know all too well, the law is never that simple. As it turns out, at least one...more

Pillsbury - Gravel2Gavel Construction & Real...

Court of Federal Claims: Upstream Hurricane Harvey Case Will Proceed to Trial

On May 24, the U.S. Court of Federal Claims decided one of what may be many cases involving the terrible flooding wrought by Hurricane Harvey in the Houston, TX region. The Court of Federal Claims has divided thousands of...more

Mintz - Securities Litigation Viewpoints

Federal Circuit Rules that Starr International Lacks Standing to Pursue Class Claims Stemming from the U.S. Government’s...

On May 9, 2017, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed in part and reversed in part an earlier decision from the U.S. Court of Federal Claims, which had held that aspects of the...more

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