tag:blogger.com,1999:blog-6851300.post8880933447647682023..comments2023-11-05T06:06:12.057-06:00Comments on The 271 Patent Blog: Does GM Now Have a "Pass" to Use IP From Other Car Makers?Two-Seventy-One Patent Bloghttp://www.blogger.com/profile/02481083706071978817noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-6851300.post-88674042422003976042010-10-14T14:37:50.553-05:002010-10-14T14:37:50.553-05:00Apparently Zoltek has fallen out of the public eye...Apparently Zoltek has fallen out of the public eye because the Supreme Court did not grant cert. <br /><br />Not true at all. In fact, the really interesting part of the case has just begun.<br /><br />After cert. was denied, a "vanilla" action was filed by Zoltek in the Federal District Court in Atlanta naming Lockheed Martin as the defendant. Before doing so Zoltek filed a motion with Judge Damich at the COFC requesting that the action be transferred to the District Court. In February of last year Judge Damich issued an opinion deciding in favor of Zoltek and permitting the transfer. To say his opinion came as a complete suprise to the USG and government contractors is an understatement.<br /><br />With the consent of all parties, the Atlanta action has been stayed, and an appeal of Judge Damich's opinion is now pending before the CAFC.<br /><br />If anyone is interested, I have copies of all pertinent opinions and briefs, including the amici who are worried about the possibility that Judge Damich's opinion may be upheld on appeal.<br /><br />Perhaps now the case is in a posture where the courts will finally confront what 1498 really covers and how it interplays with 271.<br /><br />Mike Slonecker<br />slonecker@earthlink.netM. Sloneckernoreply@blogger.comtag:blogger.com,1999:blog-6851300.post-70604487042554722682010-10-07T07:20:45.208-05:002010-10-07T07:20:45.208-05:00An interesting article by Adam. 28 USC 1498(a) ha...An interesting article by Adam. 28 USC 1498(a) has many potentially "unintended" consequences, including immunity for government-sponsored research that was brought up in Madey v. Duke University.EGnoreply@blogger.com