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BRENNER v. UNITED STATES

Appeal Nos. 85-653, 85-975 and 85-1919.

773 F.2d 306 (1985)

William BRENNER and Sydney Koslow, Appellants, v. The UNITED STATES and Pitney Bowes, Inc., Appellees.

United States Court of Appeals, Federal Circuit.

September 18, 1985.

Attorney(s) appearing for the Case

James P. Malone, Rockville Centre, N.Y., argued for appellants.

Jessie J. Jenner, Fish & Neave, New York City, argued for appellee Pitney Bowes. With him on brief was Lars I. Kulleseid and Robert J. Goldman.

Jerry H. Nelson, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellee U.S. With him on brief were Richard K. Willard, Acting Atty. Gen., and Vito J. DiPietro, Director. Thomas J. Byrnes, Civil Div., Dept. of Justice, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, DAVIS and SMITH, Circuit Judges.

MARKEY, Chief Judge.

Brenner and Koslow (Brenner) appeal from a grant by the United States Claims Court of Pitney Bowes, Inc.'s motion for summary judgment of non-infringement. We affirm.

BACKGROUND

Brenner sued the United States,* alleging that the United States Postal Service (USPS) was infringing U.S. Patent Nos. 3,609,694 (the '694 patent) and 3,246,751 (the '751 patent). The patents disclose and claim a system for...

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