Nos. 94-5149, 95-5001.

140 F.3d 1470 (1998)

HUGHES AIRCRAFT COMPANY, Plaintiff-Appellant, v. The UNITED STATES, Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

April 7, 1998.

Attorney(s) appearing for the Case

Kenneth W. Starr, Kirkland & Ellis, Washington, DC, argued for plaintiff-appellant. With him on brief were Jay I. Alexander, and Christopher Landau, Washington, DC; and Philip C. Swain, Los Angeles, CA. Also on the brief were Victor G. Savikis, Jones, Day, Reavis & Pogue, Los Angeles, CA; and John J. Higgins and Wanda K. Denson-Low, Hughes Aircraft Company, Los Angeles, CA.

Thomas J. Byrnes, Asst. Director, Commercial Litigation Branch, Civil Division, Dept. of Justice, Washington, DC, for defendant-cross appellant. With him on brief were Frank W. Hunger, Asst. Atty. Gen., and Vito J. DiPietro, Director. Of counsel on the brief were B. Frederick Buchanan, Jr. and William C. Bergmann, Attys., Dept. of Justice, Washington, DC.

Before RADER, Circuit Judge, ARCHER, Senior Circuit Judge, and BRYSON, Circuit Judge.

ARCHER, Senior Circuit Judge.

This case returns to this court after the Supreme Court's vacatur and remand of Hughes Aircraft Co. v. United States, 86 F.3d 1566, 39 USPQ2d 1065 (Fed.Cir.1996) (Hughes XIII), in light of the Court's decision in Warner-Jenkinson Co. v. Hilton Davis Chemical Co., 520 U.S. 17, 117 S.Ct. 1040, 137 L.Ed.2d 146 (1997). See United States v. Hughes Aircraft...

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