Dow Chemical Co. v. United States

OPINION SMITH, Senior Judge.

The Dow Chemical Company (“Dow”) brought this patent infringement suit pursuant to 28 U.S.C. §§ 1491(a)(1) and 1498(a). See 28 U.S.C. §§ 1491(a)(1), 1498(a) (1983). Dow alleged that the government had infringed claims 1 through 3 of U.S. Patent No. 3,817,039 (“ ’039 patent”). In the alternative, Dow claimed that the government had breached a licensing agreement for use of the ’039 patent. At trial, we found, in pertinent part, that the government had infringed the disputed claims of the ’039 patent, that the claims were not invalid, and that the government’s…