Heinemann v. United States

*482This case involving a patented invention is before the court on defendant’s motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim for which relief can be granted. Three causes of action are set forth in plaintiffs petition: patent infringement (count I); damages caused by reason of a secrecy order imposed with respect to the application for a patent for the invention and by reason of defendant’s alleged use of the patented invention (count II); and a taking under the fifth amendment (count III). In determining whether to grant defendant’s motion, we have…