Brunswick Corp. v. United States

OPINION

REGINALD W. GIBSON, Judge.

Introduction

Plaintiff, Brunswick Corporation (Brunswick), brings this action pursuant to 28 U.S.C. § 1498 (1988 ed.),1 asserting two claims of patent infringement. Defendant has moved for judgment on the pleadings with respect to one of the claims, arguing that Brunswick lacks standing. Specifically, defendant argues that, as a matter of law, an exclusive licensee has an insufficient interest in a patent under 28 U.S.C. § 1498 to permit it to maintain a suit for infringement in its own name, where the license simply limits — the use to which the patented…