Government Liable For Foreign Sub's Patent Infringement
Client Alert | less than 1 min read | 01.06.04
In Zoltek Corp. v. U.S. (Dec. 9, 2003), Zoltek sued the Government for alleged infringement of a Zoltec process patent for making carbon sheet fiber by a Japanese subcontractor to Lockheed Martin on the F-22 program. The Court of Federal Claims held that, notwithstanding the restriction in 28 U.S.C. §1498(c) precluding recovery for "any [patent] claim arising in a foreign country," Zoltek could recover because such unauthorized use constituted a taking under the fifth amendment that was actionable under the Tucker Act.
Contacts
Insights
Client Alert | 6 min read | 11.25.25
Brussels Court Clarifies the EU’s SPC Manufacturing Waiver Regulation Rules
On November 13, 2025, the president of the French-speaking Brussels Enterprise Court ruled in the long-running battle between Sandoz and Regeneron about the correct interpretation of the EU’s Supplementary Protection Certificate (SPC) Manufacturing Waiver Regulation regarding exports to a non-EU market. The Brussels Court dismissed Regeneron’s claim that Sandoz had provided a defective notification and agreed with Sandoz’s interpretation of the Regulation.
Client Alert | 3 min read | 11.24.25
Client Alert | 7 min read | 11.24.25
Draft Executive Order Seeks to Short-Circuit AI State Regulation
Client Alert | 5 min read | 11.24.25
Qatar Enacts Law No. (22) of 2025 on Persons with Disabilities
