N. V. PHILIPS' GLOEILAMPENFABRIEKEN v. ATOMIC ENERGY COM'N

No. 17024.

316 F.2d 401 (1963)

N. V. PHILIPS' GLOEILAMPENFABRIEKEN and Hartford National Bank and Trust Company, Trustee Under Indenture, etc., et al., Petitioners, v. ATOMIC ENERGY COMMISSION and United States of America, Respondents.

United States Court of Appeals District of Columbia Circuit.

Decided March 21, 1963.


Attorney(s) appearing for the Case

Mr. Harry L. Brown, Washington, D. C., with whom Mr. Ellsworth C. Alvord, Washington, D. C., was on the brief, for petitioners.

Mr. Edward A. Groobert, Atty., Dept. of Justice, of the bar of the Supreme Court of Connecticut, pro hac vice, by special leave of court, for respondents. Acting Asst. Atty. Gen. Joseph D. Guilfoyle and Messrs. Joseph F. Hennessey, Gen. Counsel, Atomic Energy Commission, Sidney G. Kingsley, Asst. Gen. Counsel, Atomic Energy Commission, and Alan S. Rosenthal, Atty., Dept. of Justice, were on the brief for respondents. Mr. Jerry C. Straus, Atty., Dept. of Justice, also entered an appearance for respondents.

Messrs. David Ginsburg and Leonard N. Bebchick, Washington, D. C., filed a brief on behalf of the Commissariat a l'Energie Atomique, as amicus curiae.

Before FAHY, BASTIAN and WRIGHT, Circuit Judges.


J. SKELLY WRIGHT, Circuit Judge.

The Atomic Energy Act1 of 1946 declared the production of fissionable materials to be a Government monopoly. To accomplish this purpose, Section 112 of the Act revoked all existing patents useful exclusively in the production of fissionable materials, and prohibited the issuance of new patents insofar as they are useful for such purposes...

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