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.
Insights
Client Alert | 13 min read | 10.30.25
Federal and State Regulators Target AI Chatbots and Intimate Imagery
In the first few years following the public launch of generative artificial intelligence (AI) in the autumn of 2022, litigation related to AI focused primarily on claims of copyright infringement. Suits revolved around allegations that the data on which AI models train, and/or the output they produce, infringe upon the intellectual property rights of others. (While some of these cases have settled or reached preliminary judgments, many remain ongoing.)
- Client Alert | 3 min read | 10.30.25 - Is Course Hero Heading to Summer School After Summary Judgment Loss? 
- Client Alert | 6 min read | 10.29.25 - Enhancing UK cyber security resilience and leadership engagement 
- Client Alert | 9 min read | 10.28.25 - Key Takeaways from a Consequential Month of Russia-Related Sanctions 
