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TOXGON CORP. v. BNFL, INC.

No. 02-1302.

312 F.3d 1379 (2002)

TOXGON CORPORATION, Plaintiff-Appellant, v. BNFL, INC., Defendant-Appellee, and GTS Duratek (now known as Duratek, Inc.), Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 10, 2002.

Attorney(s) appearing for the Case

Floyd L. Newland, Karr Tuttle Campbell, of Seattle, WA, argued for plaintiff-appellant.

Robert C. Curfiss, Jackson Walker, L.L.P., of Houston, TX, argued for defendants-appellees. With him on the brief was H. Victor Thomas.

Before NEWMAN, CLEVENGER, and GAJARSA, Circuit Judges.

CLEVENGER, Circuit Judge.

This appeal requires that we apply once again settled precedent from the Supreme Court regarding 28 U.S.C. § 1498(a). Toxgon Corporation ("Toxgon") claims that the district court erroneously dismissed its patent infringement action against BNFL, Inc., and GTS Duratek (collectively, the "Defendants") for lack of subject matter jurisdiction. Because we determine that the district court did not apply the correct controlling law, we vacate...

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