When the Government Authorizes Patent Use, Who Gets Sued? Understanding the § 1498 Contractor Shield
28 U.S.C. §1498 can shield federal contractors from ordinary patent infringement suits when patented technology is used or manufactured for the Government with Government authorization or consent. The Federal Circuit’s Arlton decision confirms broad protection for Government-related activity but leaves important questions involving dual-use technology and commercial exploitation. Contractors should understand the shield before relying on it.
Third-Party Funding in Patent Litigation: Opportunities and Challenges
The GAO's findings on third-party funding in patent litigation, its role in aiding patent enforcement, increasing litigation costs, and influencing settlement dynamics, along with its economic and legal implications.