Legal Opinion

Gargoyles, Inc., and Pro-Tec, Inc. v. The United States, Defendant/cross-Appellant

Court of Appeals for the Federal Circuit

Decided June 25, 1997No. 96-5089, 96-5094PublishedCited by 13 opinions

1Opinion of the Court

MICHEL, Circuit Judge.

In this case we are asked, in part, to decide the quantum of proof necessary to recover lost profits in an action for “reasonable and entire” compensation for infringement of a patent by the government under 28 U.S.C. § 1498(a) (1994), but decline to do so because it is not necessary to the resolution of the case. Gargoyles, Inc. and Pro-Tec, Inc. (collectively, “Gargoyles”) appeal the February 29, 1996 judgment of the United States Court of Federal Claims 1 in 342-88C which awarded Gargoyles a reasonable royalty but denied lost profits because Gargoyles had not…

2Cases cited32 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Georgia-Pacific Corp. v. United States Plywood Corp.District Court, S.D. New York · 1970
  4. South Corporation and Seal Fleet, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1982
  5. Rite-Hite Corp. v. Kelley Co.Court of Appeals for the Federal Circuit · 1995

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3Cited by13 opinions

  1. Grain Processing Corporation v. American Maize-Products CompanyCourt of Appeals for the Federal Circuit · 1999
  2. Forney v. ApfelSupreme Court of the United States · 1998
  3. Fiskars, Inc. And Fiskars Oy Ab v. Hunt Manufacturing Co.Court of Appeals for the Federal Circuit · 2002
  4. Standard Manufacturing Co. v. United StatesUnited States Court of Federal Claims · 1999
  5. Boyle v. United StatesUnited States Court of Federal Claims · 1999

8 more not listed; retrieve them via the Exa API.

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