The Federal Circuit Court (the
circuit responsible for most intellectual property disputes) recently held that
the federal government can be held to patent infringement when one of its
contractors infringes offshore. In Zoltek
Corporation v. US and Lockheed Martin, the owner
of a patent concerning carbon fiber sheeting sued the U.S. because Lockheed
Martin infringed in building F-22s. The court found that the U.S.
government can face patent infringement claims for products made outside the
U.S. using infringing patented processes and then imported into the U.S. for
use by a government contractor. Also at issue was a statute providing
immunity to the government contractor and whether or not Zoltek could sue
Lockheed (they can’t). Zoltek’s original complaint was filed in
1996. The wheels of justice are apparently almost frozen.
-- Paul Marotta
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