Zoltek Corp. v. United States

OPINION

DAMICH, Chief Judge.

I. Introduction

Defendant filed a Motion for Partial Summary Judgment alleging that 28 U.S.C. § 1498(c) barred Plaintiff from receiving reasonable compensation under 28 U.S.C. § 1498(a) for infringement of Plaintiffs U.S. Patent No. Re. 34,162 (hereinafter, “Re. ’162 Patent”). The Re. ’162 patent teaches a process for making a silicon fiber sheet product used in the production of F-22 fighter planes. Because the fibers that form the sheet product are manufactured in a foreign country, and the manufacturing of the fibers is part of the patented process, this Court…