Hornback v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
RADER, Circuit Judge.
Alton B. Hornback appeals an order from the United States District Court for the Southern District of California dismissing his complaint for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Because the Invention Secrecy Act, 35 U.S.C. § 183, does not provide Mr. Hornback with a cause of action for the government’s use of an invention subject to a secrecy order after the issuance of a patent on that invention, this court affirms.
I
Mr. Hornback is the named inventor of U.S. Patent No. 6,079,666 (the “'666 patent”), titled “Real Time…
2Cases cited8 opinions
- United States National Bank v. Independent Insurance Agents of America, Inc.Supreme Court of the United States · 1993
- Miles v. Apex Marine Corp.Supreme Court of the United States · 1990
- Barker v. Riverside County Office of EducationCourt of Appeals for the Ninth Circuit · 2009
- Crater Corporation v. Lucent Technologies, Inc. And American Telephone and Telegraph Company, and United StatesCourt of Appeals for the Federal Circuit · 2001
- McDonnell Douglas Corp. v. United StatesUnited States Court of Claims · 1982
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