Originally published in Westlaw Journal Intellectual Property, Vol. 17, Issue 1. Three intellectual property attorneys discuss options available to patent owners who may need to sue the fed eral government for infringement. Obtaining a remedy for patent infringement is a dif ficult endeavor in most cases, but it becomes formidable when the federal government is involved in the infringe ment, such as when the government engages a private company to provide goods and services under a pro curement contract. Strong public interest concerns favor permitting the government to continue to use or benefit from the patent rights, so injunctions are not available in such cases. The patent owner is barred from suing the government in the federal district courts but can gener ally bring an action against the government in the U.S. Court of Federal Claims (Claims Court), but perhaps not in every case.
展开▼
