Donald D. Williams and Hughes Aircraft Company v. The Administrator of the National Aeronautics and Space Administration
This text of 423 F.2d 1253 (Donald D. Williams and Hughes Aircraft Company v. The Administrator of the National Aeronautics and Space Administration) is published on Counsel Stack Legal Research, covering Court of Customs and Patent Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This 42 U.S.C. 2457 (d) appeal comes before the court on appellee’s motion to dismiss on the ground that a private agreement dated February 28, 1964, stating that neither party shall appeal to the *1018 Court of Customs and Patent Appeals any determination by the Patent Office of a right to title in certain listed inventions, divests this court of jurisdiction. Appellant Hughes opposes the motion and alleges that said agreement is null, void and of no legal effect.
The private agreement is not a pant of the Patent Office record on appeal before this court. Since the validity of the agreement has been questioned by Hughes, and since neither party asserts that this court is the proper forum to determine the validity of said agreement, the court will not consider said agreement until such time as the validity theerof has been determined by a court of competent jurisdiction.
Appellee’s motion to dismiss is DENIED.
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Cite This Page — Counsel Stack
423 F.2d 1253, 57 C.C.P.A. 1017, 165 U.S.P.Q. (BNA) 326, 1970 CCPA LEXIS 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donald-d-williams-and-hughes-aircraft-company-v-the-administrator-of-the-ccpa-1970.