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LEMELSON v. UNITED STATES

Appeal No. 83-1403.

752 F.2d 1538 (1985)

Jerome H. LEMELSON, Appellant, v. The UNITED STATES, Appellee, The Bendix Corporation and Brown & Sharpe Manufacturing Company, Third-Party Appellees.

United States Court of Appeals, Federal Circuit.

January 4, 1985.

Attorney(s) appearing for the Case

William D. Hall, Hall, Myers & Rose, Potomac, Md., argued, for appellant. With him on the brief were William E. Jackson, Arlington, Va. and Ronald R. Snider, Wegner & Bretschneider, Washington, D.C.

John E. Kidd, Pennie & Edmonds, New York City, argued, for appellee Bendix, Brown & Sharpe. With him on the brief were Charles E. Miller, and Stephen J. Harbulak, New York City, of counsel.

A. David Spevack, Dept. of Justice, Washington, D.C., argued, for appellee U.S. With him on the brief were Richard K. Willard, Acting Asst. Atty. Gen. and Vito J. DiPietro, Director, Washington, D.C.

Thomas J. Byrnes, Dept. of Justice, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, and BALDWIN and MILLER, Circuit Judges.

BALDWIN, Circuit Judge.

This is an appeal from a July 26, 1983 judgment of the United States Claims Court dismissing Lemelson's complaint under 28 U.S.C. § 1498 and finding non-infringement of claim 1 of U.S. Patent No. 3,481,042 (the '042 patent), claim 15 of U.S. Patent No. 3,226,833 (the '833 patent), and claim 12 of U.S. Patent No. 3,636,635 (the '635 patent) by the government's use of certain coordinate measuring machines (CMMs). We affirm in part, vacate...

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