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Articles

Law requiring a private party to perform quasi-governmental function that results in infringement satisfies the “for the United States” prong of 28 U.S.C. 1498(a)

October 24, 2014

Articles

Law requiring a private party to perform quasi-governmental function that results in infringement satisfies the “for the United States” prong of 28 U.S.C. 1498(a)

October 24, 2014

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IRIS Corp. v. Japan Airlines Corp., ___F.3d___ (Fed. Cir. Oct. 21, 2014) (Prost, Newman, HUGHES) (E.D. N.Y.: Amon)

Fed. Cir. affirms dismissal of claims against infringing party and finds that patentee’s exclusive remedy is a suit against the United States. IRIS’s patents cover a method for making an improved security identification document with an embedded chip to store data. IRIS sued Japan Airlines (JAL) alleging that it used the technology in processing and boarding passengers at check-in points throughout the country. JAL must examine passports according to federal law, including those made using the patented method.

Read more on Fish’s Litigation Blog

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