Contractor Using Alleged Infringing Method Is Immune from Patent Infringement Suit
Client Alert | 1 min read | 02.22.07
In Sevenson Environmental Services, Inc. v. Shaw Environmental, Inc. (Nos. 06-1391 & -1408; February 21, 2007), the Federal Circuit affirms the district court's decision that a suit against a contractor was barred by government-contractor immunity under 28 U.S.C. § 1498 ("Section 1498"). Sevenson sued Shaw for infringing several patents directed to treating hazardous waste by applying phosphoric acid. In response, Shaw asserted that the U.S. government was the proper defendant under Section 1498, and the district court agreed. On appeal, the Federal Circuit states that Shaw's work under the contract explicitly required the use of the infringing method, and, therefore, Shaw was immune. The panel further states that questions of contract interpretation in contractor-immunity cases are governed by Federal Circuit law.
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Client Alert | 4 min read | 12.04.25
District Court Grants Preliminary Injunction Against Seller of Gray Market Snack Food Products
On November 12, 2025, Judge King in the U.S. District Court for the Western District of Washington granted in part Haldiram India Ltd.’s (“Plaintiff” or “Haldiram”) motion for a preliminary injunction against Punjab Trading, Inc. (“Defendant” or “Punjab Trading”), a seller alleged to be importing and distributing gray market snack food products not authorized for sale in the United States. The court found that Haldiram was likely to succeed on the merits of its trademark infringement claim because the products at issue, which were intended for sale in India, were materially different from the versions intended for sale in the U.S., and for this reason were not genuine products when sold in the U.S. Although the court narrowed certain overbroad provisions in the requested order, it ultimately enjoined Punjab Trading from importing, selling, or assisting others in selling the non-genuine Haldiram products in the U.S. market.
Client Alert | 21 min read | 12.04.25
Highlights: CMS’s Proposed Rule for Medicare Part C & D (CY 2027 NPRM)
Client Alert | 11 min read | 12.01.25
