Patent Infringement Liability: An Unexpected Risk for Government Contractors

摘要

A company that contracts with the U.S. government to manufacture or provide products doesn't usually expect to incur patent infringement liability, especially when the items are specially made and conform to a federal specification. The validity of that expectation is now suspect in light of a January 23,2009 decision from the U.S. Court of Federal Claims. In traditional commercial development and manufacturing, companies may be liable for patent infringement if the product they develop, manufacture, import, sell or offer for sale is found to infringe a valid U.S. patent. U.S. government contractors, however, enjoy some freedom from patent infringement liability, stemming from a specific provision in the U.S. Code found at 28 US.C.A. ∫ 1498. The statute acts as a waiver of sovereign immunity for the government and provides, in relevant part, that: