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IT IS CLAIMED THAT PRECISION'S PROPRIETARY PROCESS FOR THE REPAIR AND FILL OF POROSITY IN LIGHT METAL CASTINGS WAS PUBLISHED IN A MARTIN-MARIETTA CORPORATION "REVISED SPECIFICATION NO. WE HAVE CAUSED AN INVESTIGATION TO BE MADE OF YOUR ALLEGATION CONCERNING MILITARY SPECIFICATION MPD NO. 3245A DATED 25 APRIL 1961. WAS PREPARED BY THE ARMY ROCKET AND GUIDED MISSILE AGENCY. THE ARMY REPORTS TO US THAT ALL INFORMATION CONTAINED IN THE SPECIFICATIONS FROM MARTIN CONCERNING THE PLATING PROCESS WAS OBTAINED BY THE GOVERNMENT UNDER CONTRACT AND WITH UNLIMITED RIGHTS. THAT AT NO TIME WAS ANY INFORMATION ON THIS SUBJECT RECEIVED BY THE GOVERNMENT WITH ANY RESTRICTIVE MARKINGS OR NOTICE OF PROPRIETARY RIGHTS.

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B-158125, JUN. 30, 1966

TO WALDENSE D. MALOUF:

THIS REFERS TO YOUR LETTER OF NOVEMBER 8, 1965, AS WELL AS THE FURTHER CORRESPONDENCE RELATING TO YOUR CLAIM OF PROPRIETARY INFRINGEMENT IN BEHALF OF PRECISION PLATING AND METAL FINISHING, INCORPORATED. IT IS CLAIMED THAT PRECISION'S PROPRIETARY PROCESS FOR THE REPAIR AND FILL OF POROSITY IN LIGHT METAL CASTINGS WAS PUBLISHED IN A MARTIN-MARIETTA CORPORATION "REVISED SPECIFICATION NO. P 31057, DATED FEBRUARY 1961, AND ALSO IN A MILITARY SPECIFICATION MPD NO. 3245A, DATED APRIL 1961.'

WE HAVE CAUSED AN INVESTIGATION TO BE MADE OF YOUR ALLEGATION CONCERNING MILITARY SPECIFICATION MPD NO. 3245A DATED 25 APRIL 1961. THE SPECIFICATION COVERS THE REQUIREMENTS FOR SILVER-GOLD PLATED, ALUMINUM- BASE HIGH-FREQUENCY ELECTRONIC COMPONENTS, AND WAS PREPARED BY THE ARMY ROCKET AND GUIDED MISSILE AGENCY, REDSTONE ARSENAL, ALABAMA. THE ARMY REPORTS TO US THAT ALL INFORMATION CONTAINED IN THE SPECIFICATIONS FROM MARTIN CONCERNING THE PLATING PROCESS WAS OBTAINED BY THE GOVERNMENT UNDER CONTRACT AND WITH UNLIMITED RIGHTS; AND THAT AT NO TIME WAS ANY INFORMATION ON THIS SUBJECT RECEIVED BY THE GOVERNMENT WITH ANY RESTRICTIVE MARKINGS OR NOTICE OF PROPRIETARY RIGHTS. IT IS FURTHER REPORTED THAT THERE IS NO INDICATION THAT ANY GOVERNMENT EMPLOYEE IN RESIDENCE AT THE MARTIN COMPANY ORLANDO PLANT OR ANY GOVERNMENT SUBCONTRACTOR WAS AWARE OF ANY RESTRICTION ON THE DATA INCORPORATED IN MPD NO. 3245A. THE ARMY STATES THAT THE FIRST KNOWLEDGE IT HAD OF THIS CLAIM WAS WHEN IT RECEIVED YOUR LETTER DATED NOVEMBER 20, 1963.

WE RECOGNIZE THAT PRECISION PLATING IS PRESENTLY IN LITIGATION WITH MARTIN-MARIETTA ON THIS MATTER IN THE FEDERAL DISTRICT COURT, ORLANDO, FLORIDA. UNDER THE CIRCUMSTANCES WE OFFER NO COMMENTS ON THE MERITS OF THIS CONTROVERSY.

SINCE YOU HAVE NOT STATED ANY DETAILS TO SUPPORT A SPECIFIC CLAIM AGAINST THE UNITED STATES IN ANY DEFINITE AMOUNT, WE FIND NO BASIS FOR ACTION FAVORABLE TO YOUR CLIENT BY THIS OFFICE.

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