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Government Liable For Foreign Sub's Patent Infringement

Client Alert | less than 1 min read | 01.06.04

In Zoltek Corp. v. U.S. (Dec. 9, 2003), Zoltek sued the Government for alleged infringement of a Zoltec process patent for making carbon sheet fiber by a Japanese subcontractor to Lockheed Martin on the F-22 program. The Court of Federal Claims held that, notwithstanding the restriction in 28 U.S.C. §1498(c) precluding recovery for "any [patent] claim arising in a foreign country," Zoltek could recover because such unauthorized use constituted a taking under the fifth amendment that was actionable under the Tucker Act.

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Client Alert | 6 min read | 11.05.25

The EU’s Defense Readiness Roadmap and Omnibus: What Are the Competition Law Implications?

As part of a comprehensive plan to ensure that EU Member States achieve “defense readiness” by 2030, the European Commission has proposed a package of measures to facilitate public and private investments in defense by simplifying legal frameworks relevant to defense. In a previous alert, we provided an overview of the Defense Readiness Omnibus and examined its implications for defense procurement. In this alert, we focus on its implications for the enforcement of competition law....