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USA - April 30 2012
An en banc U.S. Court of Appeals for the Federal Circuit reversed a U.S. Court of Federal Claims decision that allowed a patent holder’s patent infringement claim against a government contractor under 35 U.S.C. § 271(g), holding that 28 U.S.C. § 1498(a) protects contractors from infringement suits arising from work they perform for the government.
USA - May 31 2010
Addressing the Invention Secrecy Act , 35 U.S.C. §§ 181 et seq., the U.S. Court of Appeals for the Federal Circuit affirmed a determination by the United States District Court for the Southern District of California that section 183 of the Act does not give a right to compensation for government use that occurred after patent grant as any apparent remedy was under 28 U.S.C. §1498.
USA - October 31 2009
The U.S. Court of Appeals for the Federal Circuit interpreted 28 U.S.C. §1498(a) to mandate that the exclusive jurisdiction to assert patent infringement for acts done “for the United States” is before the Court of Federal Claims.
USA - July 27 2009
The U.S. Court of Appeals for the Federal Circuit clarified its requirements for a preliminary injunction and, in light of that clarification, determined that the district court was correct in denying a preliminary injunction for infringement of a design patent.
USA - June 30 2009
In a decision addressing Gorham’s ordinary-observer test, the sole infringement test pursuant to Egyptian Goddess, the U.S. Court of Appeals for the Federal Circuit vacated and remanded a jury verdict of design patent infringement for further proceedings where the jury was instructed to consider the ordinary observer test and point of novelty.
