Law360, New York ( March 30, 2012, 1:50 PM EDT) -- On March 14, 2012, the Federal Circuit issued its much-anticipated decision in Zoltek v. United States and Lockheed Martin Corporation ("Zoltek V").[1] Somewhat surprisingly, the court sua sponte en banc vacated its earlier holding in Zoltek v. United States ("Zoltek III")[2] that direct infringement under 35 U.S.C. § 271(a) was a predicate for government liability under 28 § U.S.C. § 1498(a). The panel also found that Lockheed's actions created government liability under § 1498(a). Thus, the Federal Circuit closed the offshore loophole from its Zoltek III decision and allowed Zoltek to proceed with its § 1498(a) claim against the United States....
Law360 is on it, so you are, too.
A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
A Law360 subscription includes features such as
- Daily newsletters
- Expert analysis
- Mobile app
- Advanced search
- Judge information
- Real-time alerts
- 450K+ searchable archived articles
And more!
Experience Law360 today with a free 7-day trial.