Closing The Offshore Gov’t Patent Infringement Loophole

Law 360
March 2012

In Zoltek v. U.S. and Lockheed Martin Corp., the Federal Circuit closed the Government offshore patent infringement loophole that allowed the Government and its contractors to import into the U.S. products made by a patented process outside of the U.S., even though the products of the process were used within the U.S. In this article, the authors discuss how the court took the extraordinary measure of a sua sponte en banc reversal of an earlier panel decision to find that Lockheed’s actions created Government liability under Section 1498(a).

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