Network Signatures, Inc. v. State Farm Mutual Automobile Insurance

Opinion for the court filed by Circuit Judge NEWMAN.

Dissenting opinion filed by Circuit Judge CLEVENGER.

NEWMAN, Circuit Judge.

U.S. Patent No. 5,511,122 (the '122 patent), entitled “Intermediate Network Authentication,” pertains to internet security, and is assigned to the United States of America represented by the Secretary of the Navy. The technology was developed by a scientist at the Naval Research Laboratory (NRL). The NRL permitted the patent to lapse for nonpayment of the 7.5-year maintenance fee. Two weeks after the lapse became effective, the NRL received an inquiry from the…