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ROLLS-ROYCE LIMITED, DERBY, ENGLAND v. UNITED STATES

No. 74-63.

339 F.2d 654 (1964)

ROLLS-ROYCE LIMITED, DERBY, ENGLAND, a British Company v. The UNITED STATES. United Aircraft Corporation, Defendant-Intervenor.

United States Court of Claims.

Rehearing Denied April 16, 1965.

Attorney(s) appearing for the Case

W. Houston Kenyon, Jr., New York City, for plaintiff, William T. Boland, Jr., and Kenyon & Kenyon, New York City, were on the brief.

William W. Fleming, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant.

C. Blake Townsend, New York City, for defendant-intervenor and Carroll G. Harper, Byerly, Townsend, Watson & Churchill, New York City, and Russell M. Lipes, Jr., East Hartford, Conn., were on the brief.

Before COWEN, Chief Judge, LARAMORE, DURFEE and DAVIS, Judges, and JONES, Senior Judge.

JONES, Senior Judge:

This is a suit against the United States, under 28 U.S.C. § 1498, for unlicensed use of plaintiff's patented invention. The Government has not filed an answer to the petition, but instead has moved for summary judgment based on the allegation that the patent claim sued upon is invalid. The United Aircraft Corporation, named by plaintiff in its petition as one of several accused manufacturers, has intervened and filed its own motion for summary...

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