Nextec Applications, Inc. v. United States

OPINION

FIRESTONE, Judge.

Pending before the court is the United States’ (“the government”) motion to dismiss the present action brought by Nextec Applications, Inc. (“Nextec”) under 28 U.S.C. § 1498(a) 1 in connection with the alleged infringement of six patents held by Nextec relating to the manufacture of treated fabrics. Nextec alleges in its complaint that the government, through its acceptance, receipt, and/or use of military uniforms containing fabrics manufactured by Brookwood Companies, Inc. (“Brookwood”), infringed one or more of the claims in Nextec’s patents. Pri- or to filing the…