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 | 12 min read | 03.10.26
On 26 February 2026, the EU published Directive (EU) 2026/470 (the Omnibus I Directive). Adopted as part of the European Commission's (Commission) simplification agenda and after a year of debates and negotiations between the Commission, the Council, and the European Parliament, this text effectuates far-reaching changes to both the Corporate Sustainability Reporting Directive (CSRD) and the Corporate Sustainability Due Diligence Directive (CS3D).
Client Alert | 3 min read | 03.10.26
Client Alert | 15 min read | 03.06.26
Client Alert | 6 min read | 03.06.26
Tri-Agencies Release Fourth Mental Health Parity Report to Congress
