United States Federal Circuit

In a suit alleging breach of a warranty incorporated by reference into a contract under which plaintiff leased software to the government, summary judgment for the government is affirmed where the language used in a contract to incorporate extrinsic material by reference must explicitly, or at least precisely, identify the written material being incorporated and must clearly communicate that the purpose of the reference is to incorporate the referenced material into the contract.

Appellate Information

• Decided 08/05/2008
• Published 08/05/2008

Judges

• Before MICHEL, Chief Judge, NEWMAN, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael E. Geltner, Geltner & Associates, P.C., of Falls Church, Virginia, argued for plaintiff-appellant.


• For Appellees:
  
• J. Reid Prouty, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Donald E. Kinner, Assistant Director.