No Separate Takings Remedy Against The Government
Client Alert | 1 min read | 09.27.06
The Federal Circuit, in Zoltek Corp. v. United States , (No. 04-5100, September 21, 2006), denies Zoltek's petition for rehearing en banc . In a clarifying comment to the dissent, the Federal Circuit explains that private parties do in fact have a right of action against the government for unauthorized use of a patent pursuant to 28 U.S.C. § 1498. However, any such rights are no greater than the rights against private parties, and as the Supreme Court held in Schillinger v. United States , 155 U.S. 163 (1894), Congress has not created a separate parallel takings remedy in the Court of Federal Claims. Thus, since there would be no claim for infringement against a private party under Section 1498 in this case, there is no claim for infringement against the government.
Insights
Client Alert | 4 min read | 12.30.25
Are All Baby Products Related? TTAB Says “No”
The United States Trademark Trial and Appeal Board (TTAB or Board) recently issued a refreshed opinion in the trademark dispute Naterra International, Inc. v. Samah Bensalem, where Naterra International, Inc. petitioned the TTAB to cancel Samah Bensalem’s registration for the mark BABIES' MAGIC TEA based on its own BABY MAGIC mark. On remand from the U.S. Court of Appeals for the Federal Circuit, the TTAB reconsidered an expert’s opinion about relatedness of goods based on the concept of “umbrella branding” and found that the goods are unrelated and therefore again denied the petition for cancellation.
Client Alert | 6 min read | 12.30.25
Investor Advisory Committee Recommends SEC Disclosure Guidelines for Artificial Intelligence
Client Alert | 2 min read | 12.29.25
FYI – GAO Finds Key Person “Available” Despite Accepting Employment with a Different Company
Client Alert | 4 min read | 12.29.25
More Than Math: How Desjardins Recognizes AI Innovations as Patent-Eligible Technology
