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Patent Claim Not A Property Taking: Court

Law360 (April 30, 2007, 12:00 AM EDT) -- A patent holder who performs services under contract with a state cannot assert patent rights in a government taking of property claim, the Texas Supreme Court ruled in a case regarding water decontamination patents.

Herbert W. Holland had won district and appeals court decisions stating that Texas’ use of his patents for oil-contaminated bilge water constituted a taking of his property for public use without compensation in violation of the Texas Constitution.

The Texas Supreme Court reversed the decisions April 20, ruling that the state’s contracts...
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