Takings Clause Did Not Allow Patent Infringement Claim Against United States Government

Case: Zoltek Corp. v. United States, No. 04-5100,-5102 (Fed Cir. 3/31/06)

The One Sentence Summary: The Tucker Act did not allow a patent infringement claim against the United States when some steps of the method were performed outside the United States, and the Takings Clause did not provide an alternate basis of jurisdiction.


What They Were Fighting About: Zoltek claimed that the United States and Lockheed infringed a method patent for making silicide fibers used for an airplane made in Japan. The Federal Court of Claims held that the claim could be pursued as a Takings claim.

Federal Circuit Holdings:

• The Federal Court of Claims had no jurisdiction over a claim for patent infringement against the United States where some of the steps of the patented method were done outside the United States. The limited waiver of sovereign immunity under the Tucker Act, 28 U.S.C. § 1498, only applied when all steps of the method were performed in the United States.
• The Fifth Amendment Takings clause did not provide an alternate basis for jurisdiction over the claim.