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HORNBACK v. U.S.

No. 2009-1543.

601 F.3d 1382 (2010)

Alton B. HORNBACK, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 15, 2010.

Attorney(s) appearing for the Case

Alton B. Hornback, of San Diego, CA, pro se.

Susan L.C. Mitchell, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for defendant-appellee. With her on the brief were Tony West, Assistant Attorney General, and John Fargo, Director.

Before MICHEL, Chief Judge, and RADER, Circuit Judges, and FOLSOM, District Judge.

RADER, Circuit Judge.

Alton B. Hornback appeals an order from the United States District Court for the Southern District of California dismissing his complaint for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Because the Invention Secrecy Act, 35 U.S.C. § 183, does not provide Mr. Hornback with a cause of action for the government's use of an invention subject to a secrecy order after the issuance of a patent on that invention...

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