Shiro Kashiwa

U.S. Court of Appeals for the Federal Circuit circuit Retired 1986 · served 1982–1986 Appointed by Richard M. Nixon (Republican) 16 signed orders read

Judge Kashiwa no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Kashiwa decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

He treated a recurring musical-group name as capable of identifying the source of a series of recordings, not merely the performers.

“In the instant case we find certain factors determinative that “ABBA” functions as a trademark and is not just an identification of the singers.”

He distinguished active management of personal investments from carrying on a trade or business for the claimed tax deductions.

“Managing one’s own investments in securities is not the carrying on of a trade or business, irrespective of the extent of the investments or the amount of time required to perform the managerial functions.”

Cautions

He required a clearer explanation before sustaining an exceptional-case attorney-fee award in patent litigation.

“We vacate and remand.”

He required the contract appeals board to address a contractor’s distinct government-caused-delay theory rather than resolving only a different delay issue.

“remand this case to the Board for a full hearing on the merits of this issue.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Arntz Contracting Co. v. United States
· 1985-08-15
Appeal (Arntz Contracting Company and the joint-venture contractors) Denied

“AFFIRMED”

Nissho-Iwai American Corp. v. United States
· 1985-08-30
Appeal (United States) Denied

“AFFIRMED.”

Amoco Oil Co. v. United States
· 1984-12-13
Appeal (Amoco Oil Company) Denied

“AFFIRMED.”

William F. Klingensmith, Inc. v. United States
· 1984-03-19
Appeal (William F. Klingensmith, Inc.) Granted

“VACATED AND REMANDED.”

Kester v. Horner
· 1985-11-21
Appeal (Charles D. Kester and fellow appellants) Denied

“AFFIRMED.”

Air Products & Chemicals, Inc. v. Reichhold Chemicals, Inc.
· 1985-02-28
Appeal (Air Products and Chemicals, Inc.) Granted

“REVERSED AND REMANDED.”

M.M. & P. Maritime Advancement, Training, Education & Safety Program v. Department of Commerce
· 1984-03-05
Appeal (The maritime training programs) Granted

“REVERSED and REMANDED.”

Crispin v. Department of Commerce
· 1984-04-19
Petition for review (Ann Crispin) Granted

“VACATED and REMANDED.”

In re Polar Music International AB
· 1983-08-03
Petition for review (Polar Music International AB on application No. 208,660) Granted

“REVERSED IN APPEAL NO. 83-514 AND AFFIRMED IN APPEAL NO. 83-501.”

Petition for review (Polar Music International AB on application No. 208,661) Denied
Belcrest Linens v. United States
· 1984-08-21
Appeal (Belcrest Linens) Denied

“AFFIRMED.”

Raphan v. United States
· 1985-04-04
Appeal (United States) Granted in part

“AFFIRMED-IN-PART, REVERSED-IN-PART.”

CTS Corp. v. Piher International Corp.
· 1984-02-17
Appeal (Piher International Corporation and Piher Sociedad Anonima) Denied

“AFFIRMED.”

Appeal (CTS Corporation) Denied

Caseload & timing

From public federal docket records for this judge.

Not applicable to this circuit-court record.

A historical record

Judge Kashiwa no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.