Lemelson v. United States

BALDWIN, Circuit Judge. This is an appeal from a July 26, 1983 judgment of the United States Claims Court dismissing Lemelson's complaint under 28 U.S.C. § 1498 and finding non-infringement of claim 1 of U.S. Patent No. 3,481,042 (the '042 patent), claim 15 of U.S. Patent No. 3,226,833 (the '833 patent), and claim 12 of U.S. Patent No. 3,636,635 (the '635 patent) by the government's use of certain coordinate measuring machines (CMMs). We affirm in part, vacate in part, and remand.