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ZACHARIN v. U.S.

No. 99-5086.

213 F.3d 1366 (2000)

Alexey T. ZACHARIN, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 13, 2000.

Attorney(s) appearing for the Case

Robert H. Koehler, Patton Boggs LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief was Michael J. Schaengold.

Grace Karaffa, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant. With her on the brief were David W. Ogden, Acting Assistant Attorney General and Vito J. DiPietro, Director, and John Fargo, Assistant Director.

Before MICHEL, PLAGER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

Alexey T. Zacharin appeals the order of the Court of Federal Claims dismissing his patent infringement suit against the government. The trial court held that Mr. Zacharin's asserted patent was invalid under 35 U.S.C. § 102(b) because the patented invention was on sale more than one year prior to the filing of the patent application. We affirm.

I

Mr. Zacharin owns the rights to United States Patent No. 4,565,341 (the '341...

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