Court of Appeals for the Fifth Circuit September 8, 1980, 78-1263 (Hughes Aircraft Co., Cross-Appellees v. Messerschmitt-Boelkow-Blohm, Gmbh, Cross-Appellant)

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United States · · · 08-09-1980

RONEY, Circuit Judge:

The issue in this case is whether certain patents were “used . . . by or for the United States," within the meaning of 28 U.S.C.A. § 1498(a), so that the Court of Claims has exclusive jurisdiction to hear this patent infringement suit. The district court held on summary judgment that the Court of Claims, not a district court, has jurisdiction to entertain the action. 437 F.

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