EXXON RESEARCH AND ENGINEERING CO. v. U.S.

No. 00-5077.

265 F.3d 1371 (2001)

EXXON RESEARCH AND ENGINEERING COMPANY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 19, 2001.


Attorney(s) appearing for the Case

E. Edward Bruce, Covington & Burling, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Christopher N. Sipes, and Kevin C. Newsom. Of counsel on the brief were Steven D. Glazer, James W. Quinn, Kevin McMahon, and Elizabeth S. Weiswasser, Weil, Gotshal & Manges LLP, of New York, New York. Of counsel were Matthew D. Powers, David J. Lender, and Peter Tu, Weil Gotshal & Manges, LLP.

Grace S. Karaffa, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief was Vito J. DiPietro, Director. Of counsel on the brief were Thomas J. Byrnes, Richard T. Ruzich, and Ken B. Barrett, Attorneys.

Before MAYER, Chief Judge, LOURIE and BRYSON, Circuit Judges.


BRYSON, Circuit Judge.

Exxon Research and Engineering Co. is the assignee of U.S. Patent Nos. 5,292,705 ("the '705 patent") and 5,348,982 ("the '982 patent"), which are directed to improvements in a method for converting natural gas into liquid hydrocarbon products. Exxon brought suit against the United States in the Court of Federal Claims, asserting that the government infringed the '705 and '982 patents by authorizing Department of Energy subcontractors to use...

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