Tropp v. Conair Corporation, et al.

Letter opposing defendants' request for pre-motion conference (28 U.S.C. § 1498 motion)


This is an action for patent infringement by David Tropp, inventor of an innovative system for making airline luggage inspection secure while accommodating the needs of the traveler, in which dual access locks that can be opened by the luggage owner and the TSA are provided to consumers, as described and claimed in U.S. Patent Nos. 7,021,537 (“the ’537 patent”) and 7,036,728 (“the ’728 patent”).

Tropp submitted this letter in opposition to defendants' request for leave by the defendants to make a summary judgment motion based on 28 U.S.C. sec. 1948. They argued that the alleged infringement was committed not by them, who manufacture and sell the locks in question, but by the Transportation Security Administration; or, alternatively, that their infringement was pursuant to the TSA's "authorization." Under 28 U.S.C. § 1498, if the government or its contractor is the actual infringer, and the contractor is authorized to take infringing actions, all claims must be brought in the U.S. Court of Claims.

We argued that defendants' understanding of the law and its application here was incorrect.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

Reference Info:Legal Memoranda: Motions for Summary Judgment/Adjudication | Federal, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ronald Coleman, Goetz Fitzpatrick LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.