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HUGHES AIRCRAFT CO. v. UNITED STATES

No. 426-73.

640 F.2d 1193 (1980)

HUGHES AIRCRAFT COMPANY v. The UNITED STATES.

United States Court of Claims.

December 17, 1980.

Attorney(s) appearing for the Case

Abe Fortas, Washington, D. C., attorney of record, for plaintiff. Sheldon Karon, Victor G. Savikas, Dugald S. McDougall, Chicago, Ill., and John A. Sarjeant, Los Angeles, Cal., of counsel.

James D. Stokes, Jr., Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant. Thomas J. Byrnes, Dept. of Justice, Washington, D. C., Major Milburn K. Concannon, Jr. and Vince Cleary, Dept. of the Air Force, and Robert Kinberg, Washington, D. C. and Paul F. McCaul, National Aeronautics and Space Administration, of counsel.

Before FRIEDMAN, Chief Judge, SKELTON, Senior Judge, and KUNZIG, Judge.

OPINION

FRIEDMAN, Chief Judge:

This is a suit under 28 U.S.C. § 1498 (1976) seeking damages for the alleged infringement of plaintiff's patent No. 3,758,051 by the United States. After trial, Trial Judge Colaianni held that the patent is invalid under 35 U.S.C. § 102(b) (1976), which bars the issuance of a patent if "the invention was ... described in a printed publication ... or in public use ... in this country, more than one year prior to the...

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