Motorola, Inc. v. United States
United States Court of Appeals for the Federal Circuit
729 F.2d 765, 221 U.S.P.Q. 297 (1984)
- Written by Eric Miller, JD
Facts
Motorola, Inc. (plaintiff) held a patent on radar beacons, which were sold without being marked. Motorola brought an action against the United States government (defendant) under 28 U.S.C. § 1498, which enabled patentees to recover reasonable compensation for the government’s use of their inventions according to a principle similar to eminent domain. Although the statute entailed treating the government as a compulsory licensee rather than an ordinary infringer, the government asserted a defense under 35 U.S.C. § 287—i.e., Motorola’s failure to provide public notice of the patent via marking. The claims court held that § 287 was incorporated into § 1498 and that Motorola was barred from recovery for failure to notify the government of prospective infringement. Motorola appealed to the United States Court of Appeals for the Federal Circuit.
Rule of Law
Issue
Holding and Reasoning (Kashiwa, J.)
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