Legal Opinion

Toxgon Corporation v. Bnfl, Inc., and Gts Duratek (Now Known as Duratek, Inc.)

Court of Appeals for the Federal Circuit

Decided December 10, 2002No. 02-1302PublishedCited by 54 opinions

1Opinion of the Court

CLEVENGER, Circuit Judge.

This appeal requires that we apply once again settled precedent from the Supreme Court regarding 28 U.S.C. § 1498(a). Toxgon Corporation (“Toxgon”) claims that the district court erroneously dismissed its patent infringement action against BNFL, Inc., and GTS Duratek (collectively, the “Defendants”) for lack of subject matter jurisdiction. Because we determine that the district court did not apply the correct controlling law, we vacate the trial court’s order dismissing Tox-gon’s lawsuit and remand for proceedings consistent with this opinion.

I

In 1998, BNFL, Inc.…

2Cases cited18 opinions

Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
Manville Sales Corporation, Plaintiff/cross-Appellant v. Paramount Systems, Inc., Robert S. Butterworth and Anthony J. DisimoneCourt of Appeals for the Federal Circuit · 1990
Richmond Screw Anchor Co. v. United StatesSupreme Court of the United States · 1928
Advanced Cardiovascular Systems, Inc., Plaintiff/cross-Complaint v. Scimed Life Systems, Inc., and Robert L. Hess, Cross-Complainant/appellantCourt of Appeals for the Federal Circuit · 1993

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

3Cited by54 opinions

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Golden Bridge Technology, Inc. v. Nokia, Inc.Court of Appeals for the Federal Circuit · 2008
Petro-Hunt, L.L.C. v. United StatesUnited States Court of Federal Claims · 2009
Advanced Software Design Corp. v. Federal Reserve BankCourt of Appeals for the Federal Circuit · 2009

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