1. Home
  2. Browse Decisions
  3. F.2d
  4. 717 F.2d
  5. 717 F.2d 775 (1983)
 

UNITED STATES v. FMC CORP.

Nos. 82-1605, 82-1640.

717 F.2d 775 (1983)

UNITED STATES of America, Appellant in No. 82-1605, v. FMC CORPORATION, Appellant in No. 82-1640.

United States Court of Appeals, Third Circuit.

Decided September 13, 1983.

Attorney(s) appearing for the Case

William F. Baxter, Asst. Atty. Gen., Abbott B. Lipsky, Jr., Deputy Asst. Atty. Gen., John J. Powers, III, Frederic Freilicher (argued), Washington, D.C., for appellant in No. 82-1605; Kurt Shaffert, Kenneth M. Frankel, Attys., Dept. of Justice, Washington, D.C., of counsel.

H. Francis DeLone (argued), Stephen A. Stack, Jr., Mari M. Gursky, Mark C. Rahdert, Dechert, Price & Rhoads, Philadelphia, Pa., for appellant in No. 82-1640.

Before ADAMS and HIGGINBOTHAM, Circuit Judges, and STAPLETON, District Judge.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The question whether Congress has impliedly authorized a right of action to enforce a statute raises important issues under the doctrine of the separation of powers. Whether the right of action is asserted by a private party or by the United States government, these issues are of equally broad import. In this case, the United States claims a right of action to sue to invalidate a patent under 35 U.S.C. § 135...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases