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 | 8 min read | 09.09.25
On September 5, 2025, the Federal Trade Commission (“FTC”) withdrew its appeals of decisions issued by Texas and Florida federal district courts, which enjoined the FTC from enforcing a nationwide rule banning almost all noncompete employment agreements. Companies, however, should not read this decision to mean that their noncompete agreements will no longer be subjected to antitrust scrutiny by federal enforcers. In a statement joined by Commissioner Melissa Holyoak, Chairman Andrew Ferguson stressed that the FTC “will continue to enforce the antitrust laws aggressively against noncompete agreements” and warned that “firms in industries plagued by thickets of noncompete agreements will receive [in the coming days] warning letters from me, urging them to consider abandoning those agreements as the Commission prepares investigations and enforcement actions.”
Client Alert | 12 min read | 09.09.25
Client Alert | 7 min read | 09.08.25
California’s Climate Disclosure Laws Continue to Roll Forward
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RADV Audits: Implications and Recommendations for Medicare Advantage Organizations
