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HEINEMANN v. UNITED STATES

No. 202-79C.

620 F.2d 874 (1980)

Robert W. HEINEMANN v. The UNITED STATES.

United States Court of Claims.

April 16, 1980.

Attorney(s) appearing for the Case

Wilsie H. Adams, Jr., Washington, D. C., attorney of record, for plaintiff. Janis A. Cherry and Sellers, Conner & Cuneo, Washington, D. C., of counsel.

Claud A. Daigle, Jr., Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant. Vito J. DiPietro, Washington, D. C., of counsel.

Before FRIEDMAN, Chief Judge, and NICHOLS and SMITH, Judges.

ON DEFENDANT'S MOTION TO DISMISS

SMITH, Judge:

This case involving a patented invention is before the court on defendant's motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim for which relief can be granted. Three causes of action are set forth in plaintiff's petition: patent infringement (count I); damages caused by reason of a secrecy order imposed with respect to the application for a patent for the invention and...

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