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Fifth Amendment › Court of Federal Claims

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?

Axinn, Veltrop & Harkrider LLP on

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

Knobbe Martens

Canceled Patent Claims Do Not Entitle Former Patent Owner to a Refund

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CHRISTY, INC. v. UNITED STATES - Before LOURIE, REYNA, and HUGHES. Appeal from the Court of Federal Claims. Summary: The government’s refusal to refund patent issue and maintenance fees after patent claims are canceled...more

Bradley Arant Boult Cummings LLP

The Little Tucker Act Is Alive and Well

Bradley Arant Boult Cummings LLP on

Most government contract lawyers are already familiar with the Tucker Act (28 U.S.C. § 1491), which gives the U.S. Court of Federal Claims jurisdiction over many non-tort claims against the United States, including contract...more

McDermott Will & Schulte

Neither AIA Proceeding nor Government Infringement Constitute Fifth Amendment Taking

McDermott Will & Schulte on

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

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

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

Mintz - Securities Litigation Viewpoints

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

Mintz - Securities Litigation Viewpoints on

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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