United States Federal Circuit

In patent infringement litigation brought by the assignee of patents relating to methods of manufacturing carbon fiber sheets, alleging that the resulting product was used by the United States in fighter jets bought from a competitor, the Court of Federal Claims' decision allowing amendment of the complaint and transferring the amended complaint to the district court is reversed in part, vacated in part, and remanded, where: 1) 28 USC section 1498(a) creates an independent cause of action for direct infringement by the government or its contractors that is not dependent on 35 USC section 271(a); 2) 28 USC section 1498(c) did not bar the plaintiff's suit against the government; and 3) when the US is subject to suit under section 1498(a) for alleged infringement of a patent by a contractor, the contractor by law is rendered immune from individual liability for the alleged infringement.

Appellate Information

• Decided 03/14/2012
• Published 03/14/2012

Judges

• Gajarsa

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Joe D. Jacobson, Donald R. Dunner