USCFC General Jurisdiction-Reported

REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Patent Infringement; 28 U.S.C. § 1498; Prior Art; 35 U.S.C. § 102; Priority Date; 35 U.S.C. § 120; Invalidity; Obviousness; 35 U.S.C. § 103; Graham Factors; Objective Indicia of Nonobviousness; Nexus Requirement; Commercial Success; Long-felt Need; Copying.

REPORTED OPINION. Signed by Senior Judge Loren A. Smith.

REPORTED OPINION. Signed by Senior Judge Loren A. Smith. (mr) Copy to parties. (Main Document 41 replaced on 9/22/2016 to correct reissuance date.)

REPORTED OPINION. The Clerk is directed to enter partial judgment. Supplemental briefing due by 9/30/2016. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Spent Nuclear Fuel; Partial Breach of Contract; Damages; Causation; Cask Loading Costs. (TF3)

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); denying [10] Cross Motion to Amend Complaint. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Breach of Contract; Actual Authority of Government Agents; Motion to Dismiss; Rule 15(a)(2) Motion to Amend.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1); Reported Opinion; Motion to Dismiss for Lack of Jurisdiction; RCFC 12(b)(1); Federal Insurance Contributions Act (FICA); Employer Indemnification; 26 U.S.C. § 3102(b)

REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [65] Cross Motion; denying [68] Motion for Reconsideration. Signed by Judge Elaine D. Kaplan.

Keywords: re: 5 U.S.C. § 7453; 5 U.S.C. § 6103; Holiday Pay; Summary Judgment; E.O. 11,582; In Lieu Of Holiday; Part-Time Employees.

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Answer due by 11/1/2016. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Motion to Dismiss for Failure to State a Claim; RCFC 12(b)(6); Contract Disputes Act, 41 U.S.C. § 7104; Bad Faith; Exercise of Option Year.

REPORTED OPINION. Joint Status Report due by 10/6/2016. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties. (Main Document 101 replaced on 11/15/2016) (jt1).

Keywords: re: Reported Opinion: Employee withholding; Trust fund taxes; 26 U.S.C. § 6672; Failure to pay over; Willfulness; Reckless disregard of an obvious and known risk of nonpayment.

REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney.

Keywords: Transfer Case; Rule to Show Cause; RCFC 41(b) re: Reported Opinion.

REPORTED OPINION denying MOTION to Compel the Production of Certain Documents Improperly Withheld or Redacted by Defendant Under Claims of Privilege filed by RON ESTES. Status Report due by 9/30/2016. Signed by Judge Elaine D. Kaplan.

Keywords: re: Order on Motion to Compel, Reported Opinion, Attorney-Client Privilege, Work-Product Privilege, Deliberative Process Privilege.

REPORTED OPINION (public version of sealed Opinion issued August 18, 2016). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion Pre-Award Bid Protest; Motion to Dismiss for Lack of Jurisdiction; Standing; RCFC 12(b)(1); Substantial Chance Test.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. No costs. Signed by Judge Charles F. Lettow.

Keywords: re: Claimed breach of agreements with the FCC related to spectrum licenses purchased at auction by plaintiff; displacement of jurisdiction founded on the Tucker Act by the remedial scheme provided by federal communication laws; application of United States v. Bormes; takings claim precluded by the pertinent statute of limitations, 28 U.S.C. § 2501 (EK)

REPORTED OPINION granting Motion to Amend Pleadings - Rule 15(b); denying as moot [38] Motion to Dismiss - Rule 12(b)(1) and (6); denying as moot [23] Motion to Dismiss - Rule 12(b)(1). Signed by Judge Thomas C. Wheeler.

Keywords: re: Claim for Bid and Proposal Preparation Costs; Implied-In-Fact Contract; Rule 15(a)(2) Motion to Amend; Motion to Bifurcate; Motion to Dismiss; Mootness; Damages. (gb) (Entered: 09/12/2016)

REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment; denying [155] Motion for Partial Summary Judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Indian Tribe Claims; Breach of Trust Obligations; Partial Summary Judgment; Law of the Case; Binding Effect of Government-Sponsored Accounting Reports; Establishing Government Duties to Tribes; Congressional Reference; Statute of Limitations in Tribal Claims; Res Judicata. (ad) (Entered: 09/12/2016)

REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment; denying [161] Motion for Partial Summary Judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Indian Tribe Claims; Breach of Trust Obligations; Partial Summary Judgment; Law of the Case; Binding Effect of Government-Sponsored Accounting Reports; Establishing Government Duties to Tribes; Congressional Reference; Statute of Limitations in Tribal Claims; Res Judicata. (ad) (Entered: 09/12/2016)

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion. Veteran Disability Benefits; Physical Disability Board of Review; Veterans Affairs Disability Rating; Statute of Limitations

REPORTED OPINION granting in part Motion for Judgment on the Administrative Record. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Military Pay; Involuntary Separation For Failing Armys Weight Control Program; Premature Separation; 10 U.S.C. § 1145; Army Regulations 600-9 and 40-501; Army Board for Correction of Military Records; Remand. (TF3)

REPORTED OPINION. Signed by Judge Victor J. Wolski.

Post-award bid protest; U.S. Air Force; launch and test ranges; laches; labor hour reductions; potential increased workload; potential labor unrest; consideration of minority evaluation opinions; Technical Risk factor; cursory source selection decision; no material change in requirements; satisfactory explanation articulated; solicitation provisions followed; SSAs reliance on others analyses, 48 C.F.R. § 15.308. Keywords: re: Reported Opinion

REPORTED REDACTED OPINION originally filed under seal on August 16, 2016. Signed by Senior Judge James F. Merow. (lae) Copy to parties. (Main Document 37 replaced on 8/31/2016) (jt1).

Keywords: re: Redacted Opinion -- Post-Award Bid Protest; Subject Matter Jurisdiction; Standing; Economic Interest; Substantial Chance.