Legal Opinion

Liberty Ammunition, Inc. v. United States

Court of Appeals for the Federal Circuit

Decided August 26, 2016No. 2015-5057; 2015-5061PublishedCited by 52 opinions

1Opinion of the Court

Stoll, Circuit Judge.

The United States appeals the decision of the Court of Federal Claims that ammunition rounds used by the United States Army embody the claims of Liberty Ammunition, Inc.’s U.S. Patent No. 7,748,325 without authorization, violating 28 U.S.C. § 1498. The Government argues that the trial court erred in construing several claim terms and that, when these terms are construed correctly, the Army rounds do not embody the claimed invention. We agree with the Government that the trial court erred in two of its claim constructions because those constructions are unsupported by the…

2Cases cited29 opinions

  1. MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
  2. Edward H. Phillips v. Awh Corporation, Hopeman Brothers, Inc., and Lofton Corporation, Defendants-CrossCourt of Appeals for the Federal Circuit · 2006
  3. Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
  4. Vitronics Corporation v. Conceptronic, Inc.Court of Appeals for the Federal Circuit · 1996
  5. Nautilus, Inc. v. Biosig Instruments, Inc.Supreme Court of the United States · 2014

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3Cited by52 opinions

  1. Veterans Contracting Group, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2019
  2. Grace Instrument Industries, LLC v. Chandler Instruments Company, LLCCourt of Appeals for the Federal Circuit · 2023
  3. Fastship, LLC v. United StatesCourt of Appeals for the Federal Circuit · 2018
  4. Baistar Mechanical, Inc. v. United StatesUnited States Court of Federal Claims · 2016
  5. The Portland Mint v. United StatesCourt of Appeals for the Federal Circuit · 2024

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