United States of America, in No. 82-1605 v. Fmc Corporation, in No. 82-1640

OPINION OF THE COURT

ADAMS, Circuit Judge.

! The question whether Congress has impliedly authorized a right of action to enforce a statute raises important issues unifier the doctrine of the separation of powers. Whether the right of action is asserted by a private party or by the United States government, these issues are of equally broad import. In this case, the United States claims a right of action to sue to invalidate a patent under 35 U.S.C. § 135(c). No provision of law expressly ¶anctions such an action. It is now necessary to decide whether Congress neverthe-ljess impliedly authorized…