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GENERAL DYNAMICS CORP. v. UNITED STATES

No. 21-76.

558 F.2d 985 (1977)

GENERAL DYNAMICS CORPORATION v. The UNITED STATES.

United States Court of Claims.

July 8, 1977.

Attorney(s) appearing for the Case

Herbert L. Fenster, Washington, D.C., attorney of record, for plaintiff; Wilsie H. Adams, Jr., and Sellers, Conner & Cuneo, Washington, D.C., of counsel.

Claud A. Daigle, Jr., Patent Section, Civil Division, U.S. Dept. of Justice, with whom was Asst. Atty. Gen. Barbara A. Babcock, Washington, D.C., for defendant. James D. Stokes, Jr., Washington, D.C., attorney of record.

Before NICHOLS, KASHIWA and BENNETT, Judges.

BENNETT, Judge.

This action for patent infringement requires us to decide whether an unappealed decision of the Armed Services Board of Contract Appeals (the board) against the Government on the existence of a license to use a patent under the standard Patent Rights clause of a Government contract now precludes the Government from raising the license as a defense to the alleged infringement. The Government says that the decision...

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