TVI Energy Corp. v. Blane
United States Court of Appeals for the Federal Circuit
806 F.2d 1057, 1 U.S.P.Q.2d 1071 (1986)
- Written by Eric Miller, JD
Facts
The United States government invited the public to submit bids for thermal targets for use in weapons systems. TVI Energy Corporation (TVI) (plaintiff) and Milton Blane (defendant) submitted bids, which in turn required them to provide demonstrations of their thermal targets to the government. The president of TVI witnessed Blane’s demonstration and concluded that Blane’s target infringed a patent held by TVI. TVI brought suit in federal district court. The court determined that Blane was acting by and for the government and with the government’s approval. The court held that the action was therefore governed by 28 U.S.C. § 1498, a provision that establishes liability for the government as a compulsory licensee rather than a traditional infringer, making the United States Court of Claims the appropriate venue. TVI appealed to the United States Court of Appeals for the Federal Circuit.
Rule of Law
Issue
Holding and Reasoning (Davis, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.