The court affirmed the grant of the motion to dismiss patent infringement claims against Japan Airlines for the alleged infringing acts of examining electronic passports within the U.S. These acts were held to be authorized or consented to by the United States and held to be for the benefit of the government and thus were carried out “for the United States” under 28 U.S.C. 1498(a). Iris’ only remedy for infringement is an action against the U.S. in the Court of Federal Claims, not in the Federal Circuit.
Iris Corp. v. Japan Airlines Corp., Case No. 2010-1051 (October 21, 2014); Opinion By: Prost, joined by Newman and Hughes; Appealed From: Eastern District of New York, Amon, J. To read the court's opinion, click here.
If you have questions or need more information, please contact info@mckoolsmith.com.