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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. 

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Client Alert | 5 min read | 08.21.26

FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know

On August 19, 2026, the Federal Trade Commission (FTC) announced a proposed Enforcement Policy Statement on personalized pricing — the practice of companies using consumers’ personal data to set individualized prices, discounts, coupons, or other incentives. The proposed statement, which is open for public comment for 30 days following publication in the Federal Register, marks a major step up in the FTC’s focus on data-driven pricing strategies and puts businesses across industries on notice that undisclosed or inadequately disclosed personalized pricing will not be tolerated. Importantly, while the proposed statement is not a binding legal requirement and does not create new legal obligations, it serves as an enforcement warning that the FTC is prepared to use its existing enforcement authority under Section 5 of the FTC Act (Section 5) and is also a potential harbinger of rulemaking. Businesses that engage in — or are considering — personalized pricing should carefully assess their disclosure practices and data collection procedures against the standards articulated in this statement....

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