Fairchild Engine and Airplane Corporation v. United States

DURFEE, Judge.

This action, resulting from the alleged infringement of certain claims contained in two separate patents of which the plaintiff is assignee, was instituted on December 10, 1959, and the motion is to dismiss that portion of the claim which is based on United States Letters Patent Reissue No. 20,251 which expired on June 18,1952. It is the position of the defendant that any infringement of this patent which might have occurred took place no later than the date of its expiration. That date is more than six years prior to the filing of the complaint and hence, the defendant says,…