ZOLTEK CORPORATION, Plaintiff-Appellee,
v.
UNITED STATES, Defendant,
v.
Lockheed Martin Corporation, Defendant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
March 14, 2012.
March 14, 2012.
Attorney(s) appearing for the Case
Joe D. Jacobson , Green Jacobson, P.C., of Clayton, Missouri, argued for plaintiff-appellee. Of counsel were Dean A. Monco and John S. Mortimer , Wood, Phillips, Katz, Clark & Mortimer, of Chicago, Illinois.
Donald R. Dunner , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for defendant-appellant. With him on the brief were Richard T. Ruzich , Duane Morris LLP, of Chicago, Illinois, Matthew C. Mousley , of Philadelphia, Pennsylvania, and Kerry B. McTIGUE , of Washington, DC, and Scott J. Popma , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC.
Anisha Dasgupta , Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, argued for amicus curiae United States. With her on the brief were Tony West , Assistant Attorney General, and Scott R. McINTOSH , Attorney.
Jerry Stouck , Greenberg Traurig, LLP, of Washington, DC, for amicus curiae Federal Circuit Bar Association.
William C. Bergmann , Baker & Hostetler LLP, of Washington, DC, for amicus curiae Aerospace Industries Association of America, Inc.
RADER, Chief Judge, NEWMAN, LOURIE, BRYSON, LINN, PROST, MOORE, O'MALLEY, REYNA, and WALLACH, Circuit Judges, join Part I-B of this opinion. DYK, Circuit Judge, dissents from Part I-B.
United States Court of Appeals, Federal Circuit.
GAJARSA, Circuit Judge.
This appeal represents the continuing saga of the Zoltek Corporation ("Zoltek") in its effort to obtain compensation for the alleged infringement of its patent. The specific issue in this appeal is whether the Court of Federal Claims properly allowed Zoltek to amend its complaint and transfer its claim for infringement under 35 U.S.C. § 271(g) against Lockheed Martin Corporation ("Lockheed") to the United States District Court for the...
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