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PASTEUR v. U.S.

Appeal No. 86-1541.

814 F.2d 624 (1987)

Institut PASTEUR, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

March 9, 1987.

Attorney(s) appearing for the Case

James B. Swire, Townley & Updike, New York City, argued for appellant. With him on the brief were Richard J. Barnes and Lawrence C. Fox, New York City.

Thomas J. Byrnes, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellee. With him on the brief were Richard K. Willard, Asst. Atty. Gen., Vito J. DiPietro, Director and Oscar A. Towler, Washington, D.C., of counsel.

Before FRIEDMAN, Circuit Judge, BALDWIN, Senior Circuit Judge, and ARCHER, Circuit Judge.

ARCHER, Circuit Judge.

Institut Pasteur appeals from the grant by the United States Claims Court1 of summary judgment against it and in favor of the United States. We reverse and remand.

Background

In early 1983, Institut Pasteur (Pasteur) scientists in France, led by Dr. Luc Montagnier, the head of Pasteur's viral oncology unit, isolated and identified a virus which they called Lymphadenopathy Associated Virus (LAV)...

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