Advanced Software Design Corp. v. Federal Reserve Bank of St. Louis, 583 F.3d 1371, CPLRG 0002 (Fed. Cir. 2009) (NEWMAN, Prost & Moore) advancedsoftware09302009
MAJOR ISSUES: United States Government–Use for the Government with its “Authorization or Consent.”
A patent concerned a method for detecing fraudulent bank checks. uspatno6792110 A district court lacked jurisdiction over a suit by a patent owner alleged infringing acts by regional Federal Reserve Banks, which had adopted an accused infringer’s check authorization system to verify U.S. Treasury checks.. Because the alleged acts were “for the United States” and with the “authorization or consent” of the United States Treasury, the patent owner’s suit can only be pursued against the United States in the Court of Federal Claims. See 28 U.S.C. Section 1498(a).
CROSS REFERENCE. On suits against government contractors, see Chisum Patent Law Digest § 8151;
Chisum on Patents § 16.06[3].
