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KNOGO CORP. v. UNITED STATES

No. 194-79C.

656 F.2d 655 (1981)

KNOGO CORPORATION v. The UNITED STATES and Checkpoint Systems, Inc., Third-Party Defendant.

United States Court of Claims.

July 29, 1981.

Attorney(s) appearing for the Case

Walter Pozen, Washington, D.C., attorney of record, for plaintiff; Stroock & Stroock & Lavan, Washington, D.C., Lawrence F. Scinto, William J. Brunet, Fitzpatrick, Cella, Harper & Scinto, New York City, of counsel.

Harry E. Barlow, Washington, D.C., with whom was Acting Asst. Atty. Gen. Thomas S. Martin, Washington, D.C., for defendant; Vito J. DiPietro, Washington, D.C., of counsel.

Stanley M. Schurgin, Boston, Mass., attorney for third-party defendant; Glen E. Books, Paul J. Hayes, Weingarten, Maxham & Schurgin, Boston, Mass., of counsel.

Before NICHOLS, BENNETT and SMITH, Judges.

OPINION

BENNETT, Judge.

The court is presented here with a procedural snarl not uncommon in patent cases but unique on its facts in this instance. Plaintiff, Knogo Corporation, with the signed consent of defendant, filed a stipulation on April 17, 1981, under Rule 102(a)(1)(ii) to dismiss this action with prejudice. It is not stated in the stipulation but it is an uncontested fact that the stipulation results from a settlement agreement between Knogo and...

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