Legal Opinion
Ball Corporation v. The United States
Court of Appeals for the Federal Circuit
Decided March 15, 1984No. Appeal 84-680PublishedCited by 44 opinions
1Opinion of the Court
EDWARD S. SMITH, Circuit Judge.
This case presents the question whether a patentee is barred by the recapture rule from securing, through reissue, claims to subject matter previously canceled from the original application. Plaintiff-appellee, Ball Corporation (Ball), brought suit against the Government in the United States Court of Claims under 28 U.S.C. § 1498(a) (1976) for unauthorized use of the invention claimed in U.S. patent No. Re. 29,296 (July 5, 1977) to Krutsinger, et al. (the Krutsinger patent). The Government moved for summary judgment and Ball filed a cross-motion for summary…
2Cases cited18 opinions
- South Corporation and Seal Fleet, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1982
- Miller v. Brass Co.Supreme Court of the United States · 1882
- Tee-Pak, Inc. v. St. Regis Paper CompanyCourt of Appeals for the Sixth Circuit · 1974
- Application of John R. WillinghamCourt of Customs and Patent Appeals · 1960
- In re WadlingerCourt of Customs and Patent Appeals · 1974
13 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Seattle Box Company, Inc., D/B/A Seattle-Tacoma Box Company v. Industrial Crating & Packing, Inc., and James F. RennelsCourt of Appeals for the Federal Circuit · 1984
- Hewlett-Packard Company, Plaintiff/cross-Appellant v. Bausch & Lomb IncorporatedCourt of Appeals for the Federal Circuit · 1989
- Scripps Clinic & Research Foundation v. Genentech, Inc.Court of Appeals for the Federal Circuit · 1991
- In Re Innotron DiagnosticsCourt of Appeals for the Federal Circuit · 1986
- AstraZeneca UK Ltd. v. Aurobindo Pharma Ltd.Court of Appeals for the Federal Circuit · 2012
39 more not listed; retrieve them via the Exa API.