USCFC General Jurisdiction-Reported

REPORTED OPINION of the Court's ***SEALED*** Opinion and Order, ECF No. 45. Signed by Judge Edward H. Meyers. (skw) Service on parties made.

REPORTED TRIAL OPINION of the court's **SEALED**TRIAL OPINION directing the clerk's office to ENTER judgment in favor of defendant in this case. The sealed and public versions of this opinion are identical, except for the publication date and footnote 1. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion, Trial; Patent Infringement; 35 U.S.C. § 202(c)(4); Bayh-Dole Act; Paid-Up License; Affirmative Defense. (TQ)

REPORTED ORDER. Signed by Judge Zachary N. Somers. (jas) Service on parties made.

REPORTED OPINION: GRANTING Motion for Judgment on the Administrative Record, filed by Focus Revision Partners; DENYING [21] Motion for Judgment on the Administrative Record, filed by the United States; DENYING [20] Motion to Dismiss and Motion for Judgment on the Administrative Record, filed by NWI&T Atkins SB JV, LLC; GRANTING IN PART AND DENYING IN PART [34] Motion to Remand. The Court GRANTS Plaintiff's request for declaratory relief, and REMANDS this matter to the SBA, consistent with this opinion and order and the instructions contained herein. The Clerk of the Court is directed to enter JUDGMENT for Focus Revision Partners. Signed by Judge Matthew H. Solomson. (ahn) Service on parties made. (Main Document 35 replaced on 9/12/2022 to correct a clerical error.) (dls). (Main Document 35 replaced on 9/13/2022 to correct typographic errors) (sh). Modified on 9/13/2022

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) gov. cross-motion for summary judgment; granting [34] Motion for Partial Summary Judgment ( Status Report due by 9/30/2022) Signed by Judge Zachary N. Somers. (ab) Service on parties made.

UNSEALED AND REDACTED OPINION AND ORDER. Signed by Senior Judge Edward J. Damich. (lp1) Service on parties made.

Keywords: Material Misrepresentation, Labor Unrest, Past Performance Evaluation, Responsibility Determination, Technical Evaluation, Motion to Dismiss, MJAR

REPORTED OPINION granting Defendant's Motion for Summary Judgment; denying [43] Defendant's Motion to Dismiss pursuant to Rule 12(b)(1); denying [41] Plaintiff's Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.

Keywords: re: Reported Opinion; Motion to Dismiss; RCFC 12(b)(1); Standing; Motion for Summary Judgment; RCFC 56; The Miller Act; Third-Party Beneficiary; Retainage.

REPORTED OPINION on MOTION for Summary Judgment filed by USA ( Status Report due by 9/20/2022) denying [32] Motion for Summary Judgment. Signed by Senior Judge Eric G. Bruggink. (cpo) Service on parties made.

Keywords: re: Order on Motion for Summary Judgment, Reported Opinion Overtime compensation; 38 U.S.C. § 7453(e); credit hours; flexible schedule employees; 5 U.S.C. § 6121-26

REPORTED OPINION reissuing **SEALED**OPINION and ORDER for publication. Signed by Senior Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion -- Postaward Bid Protest; Operation of a Job Corps Center; Cross-Motions for Judgment on the Administrative Record; Evaluation of Proposals; Relevance of Past Performance; Subcontractor Past Performance; Unequal Treatment; Price Realism; Professional Employee Compensation, FAR 52.222-46; Best Value Determination; Permanent Injunction

REPORTED OPINION: Unsealed Public Version of Order Lifting Stay regarding jurisdiction to enforce alleged patent license agreement. Signed by Judge Ryan T. Holte. (mrm) Service on parties made.

Keywords: re: Reported Opinion: Subject Matter Jurisdiction; RCFC 12(h)(3); RCFC 41(a)(2); Patent License Agreement; 28 U.S.C. § 1498(a).

REPORTED OPINION granting Defendant's Motion to Dismiss. The Clerk is directed to enter judgment accordingly. Signed by Judge Eleni M. Roumel. (smh) Service on parties made.

OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Judge Thompson M. Dietz. (adb) Service on parties made. (Main Document 15 replaced on 8/23/2022 to correct caption)

Keywords: re: Law Enforcement Availability Pay Act of 1994; 5 U.S.C. § 5545a; Premium Pay; Availability Pay; Overtime Pay; Failure to State a Claim; RCFC 12(b)(6).

REPORTED OPINION DISMISSING CASE denying Motion for Oral Argument; and granting [6] MOTION to Dismiss pursuant to Rules 12 (b)(1). The clerk's office is directed to ENTER final judgment, DISMISSING plaintiff's complaint without prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. (Main Document 18 replaced on 8/29/2022 to attach corrected PDF) (ypb). Plaintiff served via first class mail on 08.30.2022 (cam). Modified on 8/30/2022

Keywords: re: Reported Opinion; Motion to Dismiss - Rule 12(b)(1); Motion for Oral Argument; Pro Se Complaint; Dismissal for Lack of Jurisdiction; RCFC 12(h)(3). (TQ)

REPORTED OPINION of the court's August 3, 2022 [63]**SEALED**OPINION deeming plaintiff's supplemental brief, ECF No. [60], as plaintiff's renewed motion for judgment on the AR (MJAR); intervenor-defendant's supplemental brief, ECF No. [61], as intervenor-defendant's renewed cross-motion for judgment on the AR; and defendant's supplemental brief, ECF No. [62], as defendant's renewed cross-motion for judgment on the AR; denying plaintiff's renewed MJAR; granting intervenor-defendant's [61] cross-motion and defendant's [62] cross-motion. The clerk's office is directed to ENTER final judgment in defendant's and intervenor-defendant's favor DISMISSING plaintiff's complaint with prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion; Post Award Bid Protest; Small Business Administration; Service-Disabled Veteran Owned Small Business; 13 C.F.R. § 125.11; Unconditional Ownership. (TQ)

REPORTED OPINION The Clerk is directed to enter judgment. Signed by Chief Judge Elaine D. Kaplan. (ap) Service on parties made.

REPORTED OPINION AND ORDER, reflecting redactions from the opinion and order previously entered under seal on August 12, 2022. Signed by Senior Judge Charles F. Lettow.

Keywords re [38]: Alleged breach of contract; cost accounting standard 420; research and development costs; effect of a Forward Pricing Rate Agreement.

REPORTED OPINION AND ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). The Court concludes it has jurisdiction over Defendant's counterclaim; however, Defendant's claims for offset and interest fail as a matter of law. Accordingly, the motion is DENIED IN PART as to its request for dismissal under RCFC 12(b)(1). The motion is GRANTED IN PART as to its request for dismissal under RCFC 12(b)(6) to the extent Defendant's counterclaim seeks offset and interest. Colorado HealthOp shall file its Answer to Defendant's Counterclaim by no later than September 2, 2022. Signed by Judge Kathryn C. Davis. (tmr) Service on parties made.

REPORTED OPINION AND ORDER: granting plaintiff's motion for summary judgment; denying [46] government's cross-motion for partial summary judgment; and denying as moot [32] motion to strike. Joint Status Report due by 9/20/2022. Signed by Judge Ryan T. Holte. (mrm) Service on parties made.

Keywords: re: Reported Opinion: Summary Judgment; Hatch-Waxman Act; Tax Deduction; Capitalization; Woodward; Patent Litigation Costs; Origin of the Claim; 35 U.S.C. § 271(e)(2); I.R.C. § 162(a); I.R.C. § 263(a); 26 C.F.R. § 1.263(a)-4; Abbreviated New Drug Application (ANDA); Generic Drugs; FDA.

REPORTED OPINION granting MOTION for Summary Judgment filed by CITY OF SANTA CLARA, CALIFORNIA, CITY OF REDDING, CALIFORNIA, NORTHERN CALIFORNIA POWER AGENCY, CITY OF ROSEVILLE, CALIFORNIA; denying [153] MOTION for Summary Judgment filed by USA. Status Report due by 9/20/2022. Signed by Judge David A. Tapp. (emc) Service on parties made.