Lockheed Case Reveals Legislative Gap In Patent Law

Law360, New York (March 24, 2009, 12:00 AM EDT) -- A patent infringement dispute that pits the interests of patent-holders against the U.S. government's ability to protect its contractors from suit during wartime could end up prompting congressional action, attorneys say.

A federal judge's decision in January to allow plaintiff Zoltek Corp. to shift its infringement suit against the U.S. government over F-22 fighter planes to defense contractor Lockheed Martin Corp. threatens to undo 90-year-old statutory protections for companies that do work for the government.

But if the U.S. Court of Appeals for the Federal Circuit...
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