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MEAD CORP. v. UNITED STATES

No. 80-1642.

652 F.2d 1050 (1981)

MEAD CORPORATION and Mead Digital Systems, Inc., Appellants, v. UNITED STATES of America, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 29, 1981.

Attorney(s) appearing for the Case

James F. Davis, Cincinnati, Ohio, with whom Charles N. Shane, Jr., Dayton, Ohio, was on the brief, for appellants.

Vito J. DiPietro, Atty., Dept. of Justice, Washington, D. C., with whom Alice Daniel, Asst. Atty. Gen., Charles F. C. Ruff, U. S. Atty. and Herbert Berl, Atty., Dept. of Justice, Washington, D. C., were on the brief, for appellee, United States of America.

Keith V. Rockey, Chicago, Ill., with whom Peter E. Derry, Washington, D. C., was on the brief, for appellee, A.B. Dick Co.

Before BAZELON, Senior Circuit Judge, MacKINNON and MIKVA, Circuit Judges.

Opinion PER CURIAM.

PER CURIAM:

In 1978 A.B. Dick Company ["A.B. Dick"] brought suit charging Mead Corporation ["Mead"] with infringement of A.B. Dick's patent rights in its ink-jet printer [the "Sweet invention"].1 Thereafter, Mead brought the present suit for declaratory relief, contending that the United States Department of Defense [the "Defense Department" or the "Secretary"], and not appellee A.B. Dick, is the rightful owner...

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