Siemens Aktiengesellschaft v. United States

OPINION

SMITH, Chief Judge.

This matter is before the court on plaintiffs motion for partial summary judgment. Plaintiff filed this action pursuant to 28 U.S.C. § 1498 (1988)1, to recover reasonable compensation for the government’s alleged use of the subject matter claimed in plaintiff’s patent. Defendant argues that plaintiff’s patent is invalid under 35 U.S.C. § 102 because the government’s contractor produced similar technology and made it available for sale more than one year before plaintiff filed its patent application. Upon full consideration of the parties’ briefs, oral arguments and…