Arshal v. United States

Plaintiff sues the United States for patent infringement, within our jurisdiction under 28 U.S.C. § 1498 (1976). The case is before us on plaintiffs exception to the recommended decision submitted by Trial Judge Browne under Rule 54(a). The trial judge concluded that plaintiffs patent was invalid under 35 U.S.C. § 101 (1976), but denied defendant’s motion for patent invalidity under 35 U.S.C. § 103 (1976). He also held that if the patent had been valid, then defendant’s actions amounted to infringement. Upon consideration of the briefs and the oral argument of the parties, we agree with the…