Federal Circuit Clarifies Patent-Risk Boundaries in Government-Sponsored R&D

In the recent decision of Arlton v. AeroVironment the US Court of Appeals for the Federal Circuit reaffirmed the broad scope of 28 USC § 1498, holding that AeroVironment, Inc. was immune from patent infringement liability for work performed under Small Business Innovation Research and Small Business Technology Transfer contracts. The court concluded that because AeroVironment had performed all allegedly infringing activities pursuant to SBIR and STTR contracts, those activities were conducted…
By: Morgan Lewis