TEKTRONIX, INC. v. UNITED STATES

No. 79-61.

552 F.2d 343 (1977)

TEKTRONIX, INC. v. The UNITED STATES et al.

United States Court of Claims.

March 23, 1977.


Attorney(s) appearing for the Case

Robert C. Miller, Arlington, atty. of record, for plaintiff; Norman Eric Jorgensen, Beaverton, Or., of counsel.

Thomas J. Scott, Jr., Washington, D.C., with whom was Asst. Atty. Gen. Rex E. Lee, Washington, D.C., for defendant.

Richard J. Egan, Cleveland, Ohio, atty. of record, and Baldwin, Egan, Walling & Fetzer, Cleveland, Ohio, of counsel, for third party defendant The Hickok Electrical Instrument Co.

Boris Haskell, Washington, D.C., atty. of record, for third party defendant Jetronic Industries, Inc.

Robert E. Burns, New York City, atty. of record, for third party defendant Lavoie Laboratories, Inc.

Before COWEN, Senior Judge, and DAVIS, SKELTON, NICHOLS, KASHIWA, KUNZIG and BENNETT, Judges, en banc.


OPINION

DAVIS, Judge.

In Tektronix, Inc. v. United States, 445 F.2d 323, 195 Ct.Cl. 53, 170 U.S.P.Q. 100 (1971), claims in eight patents owned by plaintiff were held to be valid and infringed. The present task is to fix the reasonable compensation to which plaintiff is entitled under 28 U.S.C. § 1498, including a sum for the delay in payment. Former Trial Judge Cooper concluded that Tektronix should recover the...

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