News & Analysis as of

Court of Federal Claims Patent Infringement

Williams Mullen

Licensing Your Patents? Make Sure the Federal Government Pays Its Fair Share.

Williams Mullen on

Technology companies frequently enter into patent licensing transactions, sometimes in order to settle patent litigation, and sometimes as a simple licensing or cross-licensing deal. But the parties to such agreements...more

Weintraub Tobin

Can The U.S. Government Be Liable For Patent Infringement?

Weintraub Tobin on

The answer is “Yes” because the U.S. government has waived sovereign immunity for claims of patent infringement. This means the U.S. government can be sued for patent infringement in at least some instances. However,...more

Knobbe Martens

$5 Million Attorneys’ Fee Award Affirmed Because Government’s Litigation Position Not Substantially Justified

Knobbe Martens on

HITKANSUT LLC V. UNITED STATES - Before Prost, Clevenger, and Moore. Appeal from the Court of Federal Claims. Summary: Fee-shifting under 28 U.S.C. § 1498(a), turns on whether “the position of the United States was...more

McDermott Will & Emery

Neither AIA Proceeding nor Government Infringement Constitute Fifth Amendment Taking

The US Court of Appeals for the Federal Circuit upheld a US Court of Federal Claims dismissal, rejecting arguments that patent infringement is a taking under the Fifth Amendment. Golden v. United States, Case No. 19-2134...more

Miller Canfield

COVID-19: "Good Samaritan" Patent Infringement Liability

Miller Canfield on

The COVID-19 pandemic has led many companies to marshal their resources to produce products such as coronavirus test kits, pharmaceutical treatments, vaccines, ventilators, and personal protective equipment. The urgent need...more

Holland & Knight LLP

Patents Directed to a Method for Ranking Online Merchants Withstands Early Section 101 Challenge by the Government

Holland & Knight LLP on

The plaintiff in Wanker v. United States accuses the government of infringing four patents, all of which relate generally to a method for comparing products and services through the use of various weighting factors to assign...more

Jackson Walker

Are Patents Property?

Jackson Walker on

Most people think of “intellectual property” as a type of property. This makes sense because, well, “property” is in the name. However, as lawyers know all too well, the law is never that simple. As it turns out, at least one...more

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