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Results: 1-10 of 32

Remedy gap for patent infringements by U.S. government contractors abroad closed

  • Hogan Lovells
  • -
  • USA
  • -
  • July 20 2012

The United States Court of Appeals for the Federal Circuit ruled, en banc, to reverse its own precedent and close the remedy gap for patentees seeking to pursue infringement claims against the United States where the infringing product has been made outside the U.S., either in whole or in part

Government contractor is immune from individual liability for alleged patent infringement

  • McDermott Will & Emery
  • -
  • 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

Court reaffirms broad immunity for patent infinging government contractors - only recourse for patent holders is to sue government

  • Greenberg Traurig LLP
  • -
  • USA
  • -
  • April 4 2012

A March 14, 2012, decision of the Federal Circuit sitting en banc, Zoltek Corporation v. United States v. Lockheed Martin, confirmed the broad immunity that government contractors enjoy from claims of patent infringement during the performance of federal contracts

En banc Federal Circuit decision clarifies contractor immunity for patent infringement

  • Wiley Rein LLP
  • -
  • USA
  • -
  • March 15 2012

On March 14, 2012, the Federal Circuit issued its long-awaited ruling in Zoltek Corp. v. United States, No. 2009-5135

Bayh-DoleAact does not automatically vest title to federally funded inventions in federal contractors

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • July 26 2011

In Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., No. 09-1159 (U.S. June 6, 2011), the Supreme Court held that the University and Small Business Patent Procedures Act of 1980 (the “Bayh-Dole Act” or “Act”) does not automatically vest title to federally funded inventions in federal contractors or authorize contractors to unilaterally take title to such inventions

U.S. Supreme Court upends Bayh-Dole - federal contractors and grant recipients must tie up employee inventions or risk losing right to retain ownership of inventions developed with federal funds

  • McCarter & English LLP
  • -
  • USA
  • -
  • July 15 2011

A fundamental understanding shared by both new recipients of federal research and development funds and some of its most experienced grant recipients and contractors is that if the Government pays for the development of the know-how, it owns it

Supreme court says Bayh-Dole Act does not trump inventor rights

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • July 12 2011

In Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., the Supreme Court upheld the basic principle of U.S. patent law that rights to an invention vest initially in the inventor(s), and affirmed the Federal Circuit's determination that the Bayh-Dole Act does not upset the rule of inventor ownership

Even under Bayh-Dole, employee inventor has first dibs

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 30 2011

In its second affirmance of a Federal Circuit decision in the span of two weeks, the Supreme Court of the United States, in a blow to the university technology transfer world, held (7-2) that federal contractors do not have an automatic right to claim title to inventions

Draft with caution: Supreme Court rules in Stanford that inventors own their inventions, unless assigned

  • Dentons
  • -
  • USA
  • -
  • June 21 2011

The Supreme Court confirmed that inventors own the inventions they conceive, unless assigned, even when the inventor was working under a grant from the U.S. Government

U.S. Supreme Court’s approach to Bayh-Dole secures inventors’ rights

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 16 2011

The U.S. Supreme Court has determined that a federal law known as the Bayh-Dole Act does not displace the long-established rule that rights in an invention belong to the inventor and that title to federally funded inventions does not automatically vest in federal contractors

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