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UMC ELECTRONICS CO. v. U.S.

Appeal Nos. 86-522, 86-559.

816 F.2d 647 (1987)

UMC ELECTRONICS COMPANY, Appellant, v. The UNITED STATES, Cross-Appellant.

United States Court of Appeals, Federal Circuit.

April 15, 1987.

Attorney(s) appearing for the Case

Robert H. Montgomery, Costas, Montgomery & Dorman, P.C., New Haven, Conn., argued for appellant. With him on brief was Peter L. Costas.

John Fargo, Asst. Director, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for cross-appellant. With him on brief were Richard K. Willard, Asst. Atty. Gen. and Vito J. DiPietro, Director.

Before SMITH, NIES, and ARCHER, Circuit Judges.

NIES, Circuit Judge.

UMC Electronics Company brought this action, pursuant to 28 U.S.C. § 1498(a), to recover compensation for use of its patented invention by the United States. UMC is the owner of Patent No. 3,643,513, issued February 22, 1972, by assignment from the inventor Preston Weaver. The United States Claims Court, 8 Cl.Ct. 604, 228 USPQ 396 (1985), upheld the validity of all claims (1-4) but dismissed the complaint on the ground of no infringement...

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