United States Federal Circuit

28 U.S.C. section 1498(a), pertaining to liability in patent suits involving the federal government, is an affirmative defense rather than a jurisdictional bar, thus the district court erred in dismissing a patent infringement action for lack of subject matter jurisdiction.

Appellate Information

• Decided 12/10/2002
• Published 12/10/2002

Judges

• CLEVENGER, Circuit Judge., Before NEWMAN, CLEVENGER, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Floyd L. Newland,Karr Tuttle Campbell, of Seattle, WA, argued for plaintiff-appellant.


• For Appellees:
  
• Robert C. Curfiss, Jackson Walker, L.L.P., of Houston, TX, argued for defendants-appellees.   With him on the brief was H. Victor Thomas.