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THIS MATTER WAS THE SUBJECT OF OUR LETTER OF JUNE 10. YOUR CLIENT AND THE PRIME CONTRACTOR ARE PRESENTLY LITIGATING THE MATTER. " WAS INVOLVED IN THE ALLEGED INFRINGEMENT BY THE PRIME CONTRACTOR. - WAS DEVELOPED FOR THE GOVERNMENT (ARMY) WITHOUT RESTRICTION OF ANY KIND.

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B-158125, JUL. 28, 1966

TO WALDENSE D. MALOUF:

WE REFER TO YOUR LETTER OF JULY 7, 1966, REGARDING YOUR CLAIM IN BEHALF OF PRECISION PLATING AND METAL FINISHING, INCORPORATED. THIS MATTER WAS THE SUBJECT OF OUR LETTER OF JUNE 10, 1966, B-158125.

YOU CLAIM THAT THE GOVERNMENT ACQUIRED POSSESSION OF YOUR CLIENT'S PROPRIETARY DATA THROUGH THE WRONG OF A GOVERNMENT PRIME CONTRACTOR. YOUR CLIENT AND THE PRIME CONTRACTOR ARE PRESENTLY LITIGATING THE MATTER. YOU SUGGEST THAT POSSIBLY GOVERNMENT APPROVAL,"TACIT OR OTHERWISE," WAS INVOLVED IN THE ALLEGED INFRINGEMENT BY THE PRIME CONTRACTOR, BUT YOU DO NOT SUPPORT THIS CONTENTION. ON THIS BASIS YOU ASK FOR OUR HELP.

OUR POSITION IN THE MATTER MUST BE APPRECIATED. WE PREVIOUSLY ADVISED YOU THAT, SO FAR AS GOVERNMENT RECORDS SHOW, THE PROCESS IN QUESTION--- REPAIR AND FILL OF POROSITY IN LIGHT METAL CASTINGS--- WAS DEVELOPED FOR THE GOVERNMENT (ARMY) WITHOUT RESTRICTION OF ANY KIND. IN THE CIRCUMSTANCES, WE CANNOT AUTHORIZE ANY RELIEF; NOR CAN WE DIRECT THE MILITARY DEPARTMENTS TO DISCONTINUE USE OF THE PROCESS PENDING RESOLUTION OF YOUR CLIENT'S DISPUTE. SEE B-156727, OCTOBER 7, 1965, COPY ENCLOSED. ACCORDINGLY, WE MUST AFFIRM OUR PRIOR DENIAL OF THE CLAIM.

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