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HAZELTINE CORP. v. U.S.

Appeal No. 86-1582.

820 F.2d 1190 (1987)

HAZELTINE CORPORATION, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

May 11, 1987.

Attorney(s) appearing for the Case

Robert Neuner, Brumbaugh, Graves, Donohue & Raymond, New York City, argued, for appellant. With him on the brief, was James J. Maune. Also on the brief, were Frank R. Agovino, Commack, N.Y., and Matthew S. Perlman and Richard J. Webber, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C.

Harry E. Barlow, 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 John Fargo, Atty., of counsel.

Before MARKEY, Chief Judge, FRIEDMAN, Circuit Judge, and BALDWIN, Senior Circuit Judge.

FRIEDMAN, Circuit Judge.

This is a suit by a government contractor in the United States Claims Court seeking damages for the alleged infringement of its patent by the United States. Under the government contract, pursuant to which the contractor developed the patented invention, the government had exclusive rights in any invention that was reduced to practice during the performance of the contract. The Claims Court held that the invention had been reduced to practice...

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