2015-5057, 2015-5061.

835 F.3d 1388 (2016)

LIBERTY AMMUNITION, INC., Plaintiff-Cross-Appellant, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: August 26, 2016.

Attorney(s) appearing for the Case

STEPHEN B. JUDLOWE , McElroy Deutsch Mulvaney & Carpenter, LLP, New York, NY, argued for plaintiff-cross-appellant. Also represented by RIADH QUADIR ; JOSEPH P. LA SALA , MICHAEL RATO , Morristown, NJ; DANIEL F. CORRIGAN , LAWRENCE E. BATHGATE II , Bathgate, Wegener & Wolf P.C., Lakewood, NJ.

WALTER WAYNE BROWN , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellant. Also represented by BENJAMIN C. MIZER , JOHN J. FARGO , CONRAD JOSEPH DEWITTE, JR.

Opinion concurring in part, dissenting in part filed by Circuit Judge Newman.

The United States appeals the decision of the Court of Federal Claims that ammunition rounds used by the United States Army embody the claims of Liberty Ammunition, Inc.'s U.S. Patent No. 7,748,325 without authorization, violating 28 U.S.C. § 1498. The Government argues that the trial court erred in construing several...

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