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 | 9 min read | 07.09.25
In our first alert in our new weekly series on the EU Pharma Package, we provided some important background and general information about the status of the Pharma Package and how the trilogues work. In this second alert, we will discuss the respective positions of the European Commission, the European Parliament and the Council of the European Union with respect to one of the most debated and anxiously anticipated topics on the table, the regulatory data protection (RDP).
Client Alert | 3 min read | 07.08.25
Client Alert | 3 min read | 07.08.25
DOJ and HHS Launch FCA Working Group: Heightened Enforcement Risk for Health Care Entities
