ADVANCED SOFTWARE v. FED. RES. BANK, ST. LOUIS

No. 2008-1152.

583 F.3d 1371 (2009)

ADVANCED SOFTWARE DESIGN CORPORATION and Calin A. Sandru, Plaintiffs-Appellants, v. FEDERAL RESERVE BANK OF ST. LOUIS, Federal Reserve Bank of Philadelphia, Federal Reserve Bank of Atlanta, and Fiserv, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

September 30, 2009.


Attorney(s) appearing for the Case

Keith A. Rabenberg, Senniger Powers LLP, of St. Louis, MO, argued for plaintiffs-appellants.

William H. Levit, Jr., Godfrey & Kahn, S.C., of Milwaukee, WI, argued for defendants-appellees. With him on the brief was Michael B. Apfeld.

Susan L.C. Mitchell, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for amicus curiae. With her on the brief was John J. Fargo, Director. Of counsel on the brief was Stephen T. Middlebrook, Senior Counsel, Financial Management Service, United States Department of the Treasury, of Washington, DC.

Before NEWMAN, PROST and MOORE Circuit Judges.


NEWMAN, Circuit Judge.

Plaintiffs Advanced Software Design Corporation and its founder, Calin A. Sandru, (collectively "Advanced Software") appeal the summary judgment of the United States District Court for the Eastern District of Missouri, Catherine D. Perry, J., dismissing certain counts of their patent infringement suit on the ground that the acts relevant to this appeal were "by or for the United States" and thus could only be pursued in the Court of Federal...

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