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Fed. Circuit: Fifth Amendment Doesn't Apply To Patents

Law360 (September 22, 2006, 12:00 AM EDT) -- The Federal Circuit has ruled that Fifth Amendment property rights don’t apply to patents, denying a request that it rehear a case seeking damages for a patent the plaintiff claims is infringed by a U.S. military fighter jet.

Further appeal isn’t out of the question, according to Dean A. Monco, who represents plaintiff-appellant Zoltek Corp.

“We were disappointed that the court didn’t take the case, and we’re reviewing our options,” Monco said.

The Federal Circuit’s decision to deny Zoltek’s petition for an en banc hearing—issued Thursday—inspired...
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