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Campbell Plastics Engineering & Manufacturing v. Brownlee
United States Court of Appeals for the Federal Circuit
389 F.3d 1243 (2004)
Campbell Plastics Engineering & Manufacturing, Inc. (Campbell) (plaintiff) contracted with the United States Army (defendant) to develop components of an aircrew protective mask. The contract contained numerous provisions based on the Federal Acquisition Regulation and the Bayh-Dole Act of 1980 (act), including a provision allowing the government to obtain title to an invention developed under the contract if Campbell failed to disclose it to the Army within two months after the inventor disclosed it to Campbell. The contract further required Campbell to disclose subject inventions in interim reports furnished annually and final reports furnished within three months after completion of the contracted work. The invention reports were required to be submitted on DD Form 882, Report of Inventions and Subcontracts (form 882). Campbell developed a method for fabricating a sonic welded gas mask and disclosed the features and other relevant technical aspects of the invention to the Army in various progress reports and drawings submitted throughout the contract period, but Campbell did not make the disclosure on form 882 that the contract required. In addition, the form 882s that Campbell did submit indicated that Campbell had no inventions to disclose. Campbell obtained a patent, reserving a paid-up license and other rights for the government as provided by the act and the contract, and Campbell notified the Army of the patent. An administrative contracting officer (ACO) determined that Campbell had forfeited title to the patent by failing to properly disclose the invention. Campbell appealed to the Armed Services Board of Contract Appeals (ASBCA), which affirmed the ACO’s decision, and Campbell appealed again.
Rule of Law
Holding and Reasoning (Clevenger, J.)
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