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GARGOYLES, INC. v. U.S.

Nos. 96-5089, 96-5094.

113 F.3d 1572 (1997)

GARGOYLES, INC., and Pro-Tec, Inc., Plaintiffs-Appellants, v. The UNITED STATES, Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing In Banc Declined June 25, 1997.

Attorney(s) appearing for the Case

Paul T. Meiklejohn, Seed and Berry LLP, Seattle, WA, argued, for plaintiffs-appellants. With him on the brief was Craig S. Jepson.

Gary L. Hausken, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C., argued, for defendant/cross-appellant. With him on the brief were Frank W. Hunger, Assistant Attorney General, and Vito J. DiPietro, Director.

Before NEWMAN, MICHEL, and LOURIE, Circuit Judges.

MICHEL, Circuit Judge.

In this case we are asked, in part, to decide the quantum of proof necessary to recover lost profits in an action for "reasonable and entire" compensation for infringement of a patent by the government under 28 U.S.C. § 1498(a) (1994), but decline to do so because it is not necessary to the resolution of the case. Gargoyles, Inc. and Pro-Tec, Inc. (collectively, "Gargoyles") appeal the February 29, 1996 judgment of the United States Court...

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