Government Contracting as a Patent Infringement Defense
Connell v. KLN Steel Prods. Co., No. 04 C 194, 2006 WL 2661011 (N.D. Ill. Sept. 13, 2006) (Kendall, J.)
Judge Kendall stayed this patent infringement suit and transferred the case to the Court of Federal Claims, for the Court of Federal Claims to determine whether the Navy consented to defendant's alleged infringement pursuant to 28 U.S.C. Section 1498(a). Section 1498 provides that when the use or sale of a patented product is both for the government and with the government's "authorization and consent," a patent owner's sole infringement remedy is against the United States in the Court of Federal Claims.
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