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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 | 3 min read | 06.03.26

Important EU Court Judgment Clarifies Rules on Interest Due in Cartel Damages Cases

In a judgment that will have direct and immediate consequences, the Court of Justice of the European Union (CJEU) has clarified that for all competition damages actions brought after 26 December 2014, interest runs from the date on which the harm occurred. The ruling addressed two important questions: (1) whether national provisions implementing Article 3(2) of the EU Damages Directive — which requires interest to run from the date harm occurred —apply to cases in which the harm preceded the adoption of those provisions; and (2) how the date of harm should be determined in cartel cases involving the purchase of goods at inflated prices....

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