Patent Owner Must Sue Contractor for U.S. Government in Court of Federal Claims

On September 30, the Federal Circuit upheld a District Court summary judgment ruling that Advanced Software Design Corporation must sue a contractor for the U.S. Government in the Court of Federal Claims and not in District Court where the claim was originally filed.  The Federal Circuit’s ruling was based on the fact that the acts of infringement by the contractor were “by or for the United States” pursuant to 28 U.S.C. 1498.  In particular, the U.S. Treasury Department gave “authorization and consent” for the manufacture by the U.S. Government.

See Federal Circuit Opinion.