Teledyne McCormick Selph v. United States

Plaintiff sues the United States for patent infringement, within our jurisdiction under 28 U.S.C. § 1498. The case is before us on exceptions by both parties to the recommended decision submitted by Trial Judge Colaianni under Rule 134(h). The trial judge concluded not only that plaintiffs patent was not infringed, but also that the patent withstood defendant’s various challenges to its validity. Upon consideration of the briefs and oral argument of counsel, we agree with the trial judge’s conclusion of noninfringement, and adopt his opinion and findings of fact and conclusion of law to this…