Neff Instrument Corporation, a Corporation v. Cohu Electronics, Inc., and Neely Enterprises

This was an action for infringement of United States Letters Patent No. 2,832,848 brought by plaintiff Neff Instrument Corporation (hereinafter Neff or appellant) against Cohu Electronics, Inc., and Neely Enterprises (hereinafter Cohu or appellees). The patent in suit covered an electrical signal amplifier patented on April 29, 1958. The complaint alleged that appellees were manufacturing, using and selling a device known to infringe, identified as “Model 114-A amplifiers” or “Kin Tel 114A amplifiers.”

Appellees answered that all Model 114A amplifiers had been manufactured and/or sold “for the United States Government within the meaning of Title 28 U.S.C. Section 1498 ,” and that plaintiff-appellant’s sole remedy was against the United States in the Court of Claims. Upon a motion for summary judgment filed by appellees on the same ground, which was accompanied by affidavits, and which was opposed by the filing of counter-affidavits, the trial court entered summary judgment dismissing the complaint. Findings of fact and conclusions of law were filed. The court held that “plaintiff’s sole remedy under the premises is by action against the United States in the Court of Claims for…