Legal Opinion
Advanced Aerospace Technologies, Inc. v. United States
United States Court of Federal Claims
Decided October 31, 2013No. 12-85CPublished
1Opinion of the Court
MEMORANDUM OPINION AND ORDER REGARDING THE SCOPE OF SOVEREIGN IMMUNITY FOR PATENT INFRINGEMENT UNDER 28 U.S.C. § 1498(a).
Braden, Judge.
In Zoltek Corp. v. United States, 672 F.3d 1309 (2012) (en banc) (“Zoltek V”), the United States Court of Appeals for the Federal Circuit sua sponte revisited an earlier panel decision and held that 28 U.S.C. § 1498(a):
[Cjreates an independent cause of action for direct infringement by the Government or its contractors that is not dependent on 35 U.S.C. § 271(a). Direct infringement under § 1498(a) comes within the scope of the right to exclude granted in 35…
2Cases cited20 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
- Lucent Technologies, Inc. v. Gateway, Inc.Court of Appeals for the Federal Circuit · 2009
- Rick's Mishroom Service, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2008
- Novosteel Sa v. United States, and Bethlehem Steel Corporation and U.S. Steel Group, a Unit of Usx Corporation (Now Known as United States Steel Llc)Court of Appeals for the Federal Circuit · 2002
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