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 memorandum of law in opposition to the motion by the defendants for summary judgment pursuant to 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 argue that defendants' understanding of the law and its application here was incorrect.