Digest of IRIS Corp. v. Japan Airlines Corp., et al., No. 2010-1051 (Fed. Cir. Oct. 21, 2014) (precedential). On appeal from E.D.N.Y. Before Prost, Newman, and Hughes.

Procedural Posture: Appellant-patentee IRIS appealed the district court’s grant of defendants’ motion to dismiss. The Federal Circuit affirmed.

  • Infringement: The district court properly granted defendants’ motion to dismiss pursuant to 28 U.S.C. § 1498(a), which states that when an invention is “used or manufactured by or for the United States,” the proper remedy shall be an action against the United States in the court of federal claims. Defendants allegedly infringed by using electronic passports in the processing and/or boarding of airline passengers. Section 1498 applies to this claim because the U.S. government mandated that defendant Japan Airlines check passports and this policy “furthers the government’s interests” and is “for the government’s benefit.”