Federal Circuit Remands Patent Case Bogged Down By State-Secrets Intervention

Law360, New York (September 9, 2005, 12:00 AM EDT) -- In a drawn-out case pitting Lucent Technologies against Crater Corp., the U.S. Court of Appeals of the Federal Circuit has affirmed the government’s right to intervene in intellectual-property lawsuits involving technologies sensitive to national security.

This is the second appeal by Crater to the Federal Circuit, and the second time the case has been remanded after affirming the use of State Secrets.

The lawsuit, over a “coupling” device by Crater Corporation, was appealed from U.S. District Court for the Eastern District of Missouri, where it has...
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