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PENDA CORP. v. U.S.

No. 94-5035.

44 F.3d 967 (1994)

PENDA CORPORATION (now TriEnda Corporation), Plaintiff-Appellee, v. The UNITED STATES, Defendant, and Cadillac Products, Inc., Third Party Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

December 22, 1994.

Attorney(s) appearing for the Case

Theodore J. Long, Lathrop & Clark, Madison, WI, argued for plaintiff-appellee. With him on brief were Kenneth B. Axe and Patrick J. G. Stiennon. William F. Conlon, Sidley & Austin, Chicago, IL, argued for plaintiff-appellee. Also on brief was Homer J. Schneider, Leydig, Voit & Mayer, Ltd., Chicago, IL.

George C. Summerfield, Pennie & Edmonds, Washington, DC, argued for third party defendant-appellant. With him on brief were Jonathan A. Marshall and Sandra A. Bresnick, Pennie & Edmonds, of New York City. Also on brief was Richard P. Vitek, Harness, Dickey & Pierce, Troy, MI, of counsel.

Before ARCHER, Chief Judge, and NIES and CLEVENGER, Circuit Judges.

CLEVENGER, Circuit Judge.

Third-party defendant, Cadillac Products, Inc., appeals the judgment of the United States Court of Federal Claims holding that the claims of Penda Corporation's patent were not invalid and that the U.S. Government used the invention set forth in Penda's patent without license or lawful right. Penda Corp. v. United States, 29 Fed.Cl. 533 (1993). The Government, Cadillac's indemnitee, has withdrawn its appeal of this case. Because Cadillac...

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