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Before NEWMAN, PROST and MOORE Circuit Judges.

Plaintiffs Advanced Software Design Corporation and its founder, Calin A. Sandru, (collectively “Advanced Software”) appeal the summary judgment of the United States District Court for the Eastern District of Missouri, dismissing certain counts of their patent infringement suit on the ground that the acts relevant to this appeal were “by or for the United States” and thus could only be pursued in the Court of Federal Claims under 28 U.S.C. §1498(a).*fn1 Final judgment was entered pursuant to Federal Rule of Civil Procedure 54(b). Because the allegedly infringing activity was for the United States and with its authorization and consent, the dismissal of the relevant counts is affirmed.

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