When the Government Infringes Your Patent Abroad:  What Remedies are Available?

Intellectual Property Litigation Reporter
05.04.10
In this article, Brian Hill, Jacqueline Ferrand, and Jim Altman discuss options available to patent owners who may need to sue the federal government for infringement. Obtaining a remedy for patent infringement is a difficult endeavor in most cases, but it becomes formidable when the federal government is involved in the infringement, such as when the government engages a private company to provide goods and services under a procurement 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 generally bring an action against the government in the U.S. Court of Federal Claims, but perhaps not in every case.
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